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Lecture 11

September 30 - lecture 11.docx

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Political Science
POLS 3300
Dennis Baker

Monday, September 30, 2013 – POLS Lecture Meaning of Consent 253.1. 1) Subject to secton (2) and subsection 265(3), “consent” means for the purposes of sections 271, 272, 273 and the voluntary agreement of the complainant to engage in the sexual activity in question. (2) No consent is obtained for the purposes of sections 271-273 where: (a) the agreement is expressed by the words or conduct of a person other than the complainant b) the complainant is incapable of consenting to the activity c) the accused induces the complainant to engage in the activity by abusing a position of trurst, power or authority d) the comaplinant expresses, by words, or conduct, a lack of agreement to engage in the activity; or e) the complainant, having consented to engage in sexual activity…. Where Belief in Consent not a Defense - consent has to be explicit – ask! – must be continuous all the way through – cannot consent a head of time - you can’t just ‘believe’ they were giving you consent - SCC – people like to choke each other during sex – it was agreed to – woman had brought charges later – she was choked out unconscious – incapable of giving consent MILLS CASE (from Friday) - rape counselor - accused wants those records - SCC dividing on this matter – 5 had defendant center approach – don’t give directly to accused – give to judge first and then he or she would decide whether or it was relevant – want to encourage victims of sexual assault to report - C-16: wants majority to be factored to societal interest admitted and considered - Societal centered approach is the one that went forward - Parliament does play a role in deciding these constitutional cases Courts, Charter and Criminal Law - Charter decisions have impacted: o Defining what is criminal or not (examples: abortion (1989) and child pornography)  Pornography – Sharp case  Writing out fantasies is not…. But could be….
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