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EP#94 | The "Hypothetical" Sexual Exploitation Case

In Episode 94 of Not on Record, Joseph and Michael tackle the complex and controversial topic of sexual exploitation under Canadian law, using hypothetical scenarios to illustrate how the legal definition—particularly around positions of trust, authority, and the influence of hindsight—can dangerously blur the line between actual criminal conduct and regretted relationships. Drawing on Section 153 of the Criminal Code and real court rulings, they highlight how consensual encounters can later be reframed through therapy or external influence as exploitative, potentially leading to wrongful convictions. The discussion underscores the role of memory distortion, evolving narratives, and the troubling misuse of vague legal frameworks in an era where personal responsibility and context are often disregarded.


Neuberger & Partners LLP

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