LAWS 2302 Lecture Notes - Lecture 9: Implied Consent, Sexually Transmitted Infection, Moshing
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Note: page references refer to (12th edition/13th edition) Rape and sexual offences: v. bruce (1994, bcsc, per wilkinson j. ; not in text) Page 2 then went to his room to pack and leave; police came while he was in the room. Issue: can rely on the defence of implied consent? i. e. , is domestic assault another category where public policy requires recognition of implied consent, or is it simply a subcategory of. Held: we don"t recognize consent here: domestic assault is not a separate category. Ratio: in jobidon, the scc recognized the following as situations where we recognize consent to non-trivial bodily harm: rough sporting activities, games, medicine, risks undertaken by stunt men, school yard scuffles, and similar matters. Ratio: jobidon: caused bodily harm, and nobody could consent to the bodily harm, let alone vulnerable young children: v. m. (s. ) (1995, ont. Ratio: jobidon specifically limited its ruling to adults:
