Today at the (Canadian) Supreme Court: 'Advance' Sexual Consent
I have no idea what's going on down in D.C. today. There are plenty of other sites you can read if you're really interested in that.
But I did happen to notice what's on the agenda for the esteemed justices (or lords, or whatever they're called; all I know is they still dress funny in court up there, and apparently have an elf problem) of the Supreme Court of Canada.
And it's a doozy. Today, as reported by CTV News, the court will be hearing argument on the concept of "advance" consent to sexual acts. Say what?
The Montreal Gazette has further details. And they're the kind of details I don't necessarily want to copy and paste here. Suffice to say, the victim admits agreeing to some kinky sex acts, including so-called "erotic asphyxiation," but claims not to have consented to the particular act that was occurring when she came to after passing out.
A Canadian appellate court ruled that the defendant, described as the victim's "on-again, off-again partner of seven years," did not commit sexual assault, overturning his conviction. The court will hear argument on behalf of the Women's Legal Education and Action Fund, which intervened in the case, along with the Canadian attorney general.
The organization's brief (or "factum," because they dig Latin up there even more than we do) is pretty persuasive. Then again, it's hard to conceive of the fact that someone would have to argue that an unconscious person cannot consent to sex. Stay tuned for the post-argument press and the decision.
Posted by Eric Lipman on November 8, 2010 at 01:08 PM | Permalink
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