What is the test for a jury to determine whether a plaintiff has been sexually assaulted?
Ontario, Canada
The following excerpt is from Johnston v Walker, 2017 ONSC 3370 (CanLII):
The test has also been stated as follows (see Walker v. Delic [2001] O.J. No. 1346 (S.C.J.): [A] question need not be put to the jury unless there is some evidence on which a jury, acting judicially in accordance with that judge’s instructions on the law could reasonably make a choice in arriving at a finding.
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