#61 - What Constitutes Sexual Assault in Canada, with Sarah Runyon
Borderlines23 Sep 2021

#61 - What Constitutes Sexual Assault in Canada, with Sarah Runyon

Sarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00What is sexual assault? 5:30Is all sex between an employer and employee deemed to be non consensual? 6:00Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault?7:30If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 15:00Evidentiary issues.16:30Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the case of sexual assault? 21:00Does the maxim “it is better that five guilty people go free than one innocent person go to jail.” Is the legal system moving away from this in sexual assault? 27:00Is a restorative justice approach better than the current criminal justice system? 28:45Can sexual assault be verbal? 33:00Is revenge porn sexual assault? 34:00Is there a statutory limitation on sexual assault? 35:00Is being drunk a defense to sexual assault? 44:00If someone is drunk are they capable of consent? 48:30How does one determine whether the complainant was intoxicated? 51:00How does one show an honest but reasonable belief as to consent? 1:03How does the “beyond a reasonable doubt” onus work in sexual assault cases that are “he-said she said”. 1:10Trial by jury or judge.

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