![]() ![]() ![]() The court ordered a new trial in the case of Ross McKenzie Kirkpatrick, a B.C. "A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom." "Sex with and without a condom are fundamentally and qualitatively distinct forms of physical touching," Justice Sheilah Martin wrote in the majority decision. In its unanimous decision, the top court ruled that "stealthing" - the act of pretending to use a condom, or removing one prior to sex without the partner's consent - can violate the legal grounds for consensual sex. People who don't wear condoms during sex after being told to by their sexual partners can be convicted of sexual assault, the Supreme Court of Canada ruled today.
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