What is the test for an honest but mistaken belief as to consent in sexual assault cases?
Alberta, Canada
The following excerpt is from R. v. Weaver, 1990 ABCA 329 (CanLII):
In our respectful view, the trial judge did not err in his analysis of the applicable law. An honest, but mistaken, belief as to consent is a defence to a charge of sexual assault. The belief need not be reasonable in an objective sense though, of course, whether it is reasonable may be a factor in determining whether the belief in consent is honestly held: Papajohn v. The Queen 1980 CanLII 13 (SCC), [1980] 2 S.C.R. 120; R. v. Bulmer 1987 CanLII 56 (SCC), [1987] 1 S.C.R. 782.
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