Quote:
Originally Posted by troutman
In the Calgary Sun today . . .
Man who raped wife handed 33-month sentence
http://www.calgarysun.com/2011/05/26...nth-sentence-2
“If an accused acting honestly perceives his partner’s sexual conduct to be ambiguous or unclear, he ... must abstain or obtain clarification on the issue of consent,” Moreau said in rejecting his defence he believed she was consenting.
“The existence of the marital relationship ... does not entitle a spouse to assume consent unless otherwise advised.” |
I saw that this morning too and felt bound to look up the facts of that case. Here is the trial judge's decision finding the husband guilty:
http://www.albertacourts.ab.ca/jdb%5...qb0328cor2.pdf
Based on the description of facts in that case, the husband pulled up behind his wife on several occasions and, after being told "no, I don't want to have sex with you" proceeded to insert his penis into her vagina and thrust until completion. Multiple times. Over several years.
Also, the accused kept a journal and noted the days that they had "rape sex."
Pro tip: If you're going to do something illegal, don't keep detailed notes of your exploits.
While interesting (and I can't imagine how uncomfortable the testimony at trial must have been for the complainant) this is a bit different than what occurred in the Supreme Court case.