An Ontario court has ruled that a man who had unprotected sex after agreeing to wear a condom committed sexual assault because his behaviour invalidated his sexual partner’s consent. In a recent ruling, a judge found Anibal Rivera’s actions amounted to fraud and caused a significant risk of serious bodily harm. Ontario Superior Court Justice Nathalie Champagne said not wearing a condom against another person’s wishes usurps that individual’s sexual autonomy and their right to make decisions about how they engage in sexual activity. Before his first interview with police, Rivera drafted a written statement in which he said the complainant had initiated unprotected sex, court heard. “It is improbable that she would have risked pregnancy by agreeing to sex without a condom, particularly with a stranger,” the judge found.

Source: National Post July 03, 2019 21:19 UTC