Supreme Court says not wearing condom against partner's wishes can lead to sexual assault conviction

In a decision that could set an important legal precedent on consent and sexual assault, the Supreme Court of Canada ruled that condom use is legally a part of sexual activity — and that sex without a condom requires separate consent from sex with a condom. This ruling is in connection with the case of Ross McKenzie Kirkpatrick, a B.C. man who did not wear a condom during sexual intercourse with the complainant, even though she insisted beforehand that he wear a condom. The court unanimously decided that a new trial should be ordered for Kirkpatrick.

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