Case # 35176
Craig Jaret Hutchinson v. Her Majesty the Queen (November 8, 2013)
At issue in this appeal is the interpretation of the definition of sexual consent. The appellant was charged with aggravated sexual assault for poking holes in the condoms he used with his partner. The appellant knew that his partner did not want to get pregnant. At his first trial, he was acquitted on a directed verdict, but the Court of Appeal reversed that decision and ordered a new trial. At retrial the appellant was convicted of sexual assault. The trial judge found that while the complainant may have consented to the sexual intercourse, she did not consent to unprotected sexual intercourse.