Quote:
Originally Posted by PepsiFree
Isn’t this taking it to an illogical conclusion, which R vs JA already covered in addressing the dissenting opinions?
“If you ever got charged” implies it wasn’t consensual. But if your partner has no issue with it, never feels they were violated, and never brings a charge because they believe it was consensual, you didn’t commit a sexual assault.
Committing a sexual assault requires the victim to at least believe it was non consensual at some point and want to bring a charge.
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Not according to R v JA.
The Crown charges, not the victim. And while it wouldn't be the first time a witness recanted a statement (obviously occurring often in domestic violence incidents), by the time this got to trial the victim alleged it was
consensual agreed upon. Didn't matter to the majority.