Women's Studies 2270A/B Lecture Notes - Lecture 8: Assault, Tongues Untied, Unconsciousness
Document Summary
Consent: v. ewanchuk, 1998 (abca), reasons of justice mcclung paras p. 1-22. A: accused, b: the complainant, c: complainant"s friend. A sexually assaulted b: presumed innocent, crown must prove all elements of the offence beyond reasonable doubt. Issue: consent (a"s knowledge of the lack of consent) beyond a reasonable doubt. Only evidence concerning the assault came from b. A discussed possible employment w/ b june 2 1994. B called a the next day: they hung out in the trailer, 3 instances happened, a was giving b a massage, his hands got close to her breasts. B said no and a stopped: a ribbed his pelvic area against b"s pelvic area. B said no and a stopped: a took his d out of his short and placed it on the outside of her clothes near her pelvic area. B said no and a stopped: when b said he wanted to leave, a opened the door and they walked out.