What is the test for assault under the principle of consent?

Ontario, Canada


The following excerpt is from R. v. S.P., 2018 ONSC 2949 (CanLII):

The trial judge accepted the evidence of the complainant and found that the appellant initiated sex without consent, knowing that she was opposed in light of her verbal and physical resistance. Accordingly, he convicted the appellant, staying one count of assault under the principle in Kienapple v. The Queen, 1974 CanLII 14 (SCC), [1975] 1 S.C.R. 729. With respect to the March incident, the judge found, beyond a reasonable doubt, that the appellant had ripped off the complainant’s nightgown and was therefore guilty of an assault.

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