What is the test for a person to be found guilty of sexual assault?

Saskatchewan, Canada


The following excerpt is from Jones v. Brooks, 1974 CanLII 942 (SK QB):

In the same judgment, Edmund Davies L.J. quotes the following judgment of Bayley J. in Pitt v. Donovan (1813), 1 M. & S. 639 at 649, 105 E.R. 238: “The question here is not what judgment a sensible and reasonable man would have formed in this case, but whether the defendant did or did not entertain the opinion he communicated.”

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