What is the effect of sedation on sexual assault allegations?

Ontario, Canada


The following excerpt is from R. v. Doodnaught, 2017 ONCA 781 (CanLII):

At the outset of his reasons on this issue, the trial judge described several subjects about which there was no serious dispute: i. patients under conscious sedation have varying levels of consciousness during surgery, including “aware but docile and tranquil” and “asleep but arousable”; ii. creating amnesia is not the principal aim of sedation, but is a desirable side effect; iii. complete amnesia is uncommon for patients under conscious sedation; iv. the drugs and dosages administered by the appellant are commonly used in developed nations around the world and are well within established norms; and v. no witness had ever heard of a case of multiple allegations of sexual assault on patients administered the level of drugs administered here.

Other Questions


What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
Can a judge be held liable for failing to properly investigate an allegation of sexual assault? (Ontario, Canada)
What is the test for an allegation of sexual assault? (Ontario, Canada)
What is the test for "reasonableness" in determining whether there is a reasonable argument that the evidence supports the allegation of sexual assault? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
What is the effect of introducing statements and drawings by the father to a jury at a sexual assault hearing? (Ontario, Canada)
Can an application to introduce fresh evidence to support an allegation of sexual assault be successful? (Ontario, Canada)
What is the test applied at the summary hearing of an allegation of sexual assault? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.