What is the test for consent in sexual assault cases?

Ontario, Canada


The following excerpt is from Rex v. Calhoun, 1949 CanLII 104 (ON CA):

6. The trial judge did not define consent, but merely told the jury of certain things that would amount to consent: Rex v. Salman (1924), 18 Cr. App. R. 50. He should have told them that even if there was a struggle at the outset, there might still have been a real consent before the act of intercourse took place.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
What is the current state of the law on consent in sexual assault cases? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
What is the test for establishing a permissive prima facie case in a sexual assault case? (Ontario, Canada)
What is the appropriate sentence for a sexual assault case where the accused assaulted a 16 year old girl? (Ontario, Canada)
What is the case law in favour of protecting the identity of victims in sexual assault cases? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the impact of fear on consent in the context of sexual assault cases? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
How has the Court treated sexual assault and indecent assault cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.