In episode 143 of the Not on Record Joseph and Michael discuss the legal implications of “stealthing,” which is the non-consensual removal of a condom during intercourse. The conversation highlights a recent case where a client was acquitted of stealthing charges. The discussion delves into the legal framework established by the Supreme Court of Canada, particularly referencing the 2022 Kirkpatrick decision, which clarified that stealthing can constitute sexual assault if condom use was a condition of consent. The podcast also contrasts this with an earlier case, Hutchinson, where deception through condom sabotage was considered fraud vitiating consent. The hosts emphasize the importance of evidence in such cases and reflect on how the legal definitions and frameworks impact both prosecution and defense strategies in sexual assault cases involving stealthing.
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