What is the test for establishing mens rea in a sexual assault case?
Saskatchewan, Canada
The following excerpt is from Rex v. Ping Yuen, 1921 CanLII 95 (SK CA):
As a general rule the existence of a mens rea in the accused is a necessary ingredient in a criminal offence, and a statute creating an offence cannot generally be regarded as making an exception to that rule, unless it expressly, or by necessary implication from its language, declare its intention to do so. Strutt v. Clift [1911] 1 K.B. 1, 80 L.J.K.B. 114.
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