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Episode 164 of Not on Record delves into the complexities of consent in law, addressing a listener's question about recording consent for protection. The hosts clarify that consent isn't as simple as "yes means yes, no means no," and discuss factors that can negate consent. Referencing the seminal case of R v. Ewanchuk, they highlight that consent must be communicated at the time of each sexual act and is subjective to the complainant's state of mind. The discussion touches on the burden of proof in sexual assault cases, the role of the accused's belief in consent, and the ongoing debate around enthusiastic consent. They also examine the JC case, where a judge's disbelief in the accused's account of actively seeking consent at every stage led to a conviction, later overturned due to the judge's flawed assumptions about human behaviour.
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
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