The federal government introduced legislation to clarify and expand the sexual assault provisions in the Criminal Code on Tuesday, clearing up issues of consent and the use of a complainant’s past sexual history at a trial. On consent and sexual assault, the legislation is largely codifying previous court decisions to ensure consistency across trial courts. It clarifies that a person is incapable of consenting while unconscious (so that ongoing, conscious consent is required while the sexual activity is occurring). This would go along with the rules already in place around how a defendant can obtain those records from a third party. In a statement, Wilson-Raybould said the new measures “will go a long way towards ensuring that complainants are treated with the compassion, dignity and respect they deserve.”More to come.

Source: National Post June 06, 2017 17:24 UTC