What is the test for having sex with an unconscious complainant?
Yukon, Canada
The following excerpt is from R. v. Kinney, 2012 YKTC 51 (CanLII):
After Her Majesty the Queen v. J.A., [2010] S.C.C.A. 147, it is quite clear that even if consent has been obtained, it does not extend to a time when the complainant is unconscious and thus incapable of consenting. In this case, I find that even in the somewhat unlikely, but certainly possible, event that the complainant initially consented, or indeed was capable of consenting it is, in my view, beyond doubt that she eventually passed out, and that while she lay comatose the accused began to have sex with her. She could not consent while unconscious, and did not consent once awake.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts interpreted the concept of conspiracy in a claim of wrongful dismissal? (Yukon, Canada)
Can a monitor be appointed to oversee the purchase and sale of shares while a finding of oppression is made out? (Yukon, Canada)
Does a denial of a right to a fair hearing always render a decision invalid? (Yukon, Canada)
What is the test to apply to a corporate plaintiff? (Yukon, Canada)
What are the reasons why a trial judge rejected an appellant’s testimony? (Yukon, Canada)
What is the standard of review for an appellate court reviewing an exercise of exercise of authority? (Yukon, Canada)
What is the impact of the "historic trade-off" emphasized by defendants’ counsel? (Yukon, Canada)
What are the implications of the new provisions in the Criminal Code of Canada on the definition of mental health legislation? (Yukon, Canada)
What is the impact of issue estoppel on collateral attack? (Yukon, Canada)
What is the standard of care established by law? (Yukon, Canada)
