Episode 162 of the Not on Record podcast, hosted by Joseph and Michael, delves into a nuanced legal discussion surrounding the admissibility of sexting and digital sexual communications in determining sexual consent. The episode begins with a lighthearted conversation about watches, particularly the 1983 Seiko ultra-thin quartz, before transitioning into an intense debate about academic perspectives and case law. The hosts analyze Professor Elaine Craig's unpublished article from the Dalhousie Law Journal, which argues against the reliability of sexting to infer sexual intention or consent. They discuss two key cases—Reimer and MA—with emphasis on Justice Pachaco’s ruling in Reimer, which supports the relevance of prior sexual communications in assessing consent during alleged incidents. Joseph and Michael critique Craig’s position, highlighting her argument that digital sexual communications often lack reliability due to their stylized and performative nature. The podcast balances legal analysis with personal commentary, offering insights into the complexities of interpreting consent in the digital age while maintaining a dynamic and engaging tone throughout.
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