Pretending to put on a condom before sex, even if the actual intercourse is consensual, could land the liar in jail.
That’s what a court in Canada has decided. The court decision was published on May 13th.
Just before having sex, the man motioned as if he was putting a condom on. He wasn’t. “The woman said Kirkpatrick told her he was ‘too excited to wear a condom'”, according to the CBC.
She went straight to the cops.
The case went to trial once and the defendent was found not guilty, but the woman kept at it and took the matter to the BC Court of appeals. There, the judges decided that lying to someone in order to have sex with that person is sex assault, no matter what. “‘The question on this appeal is a simple one: where a person consents to engage in sexual intercourse on condition that their sexual partner wear a condom, can that partner ignore the condition without being subject to criminal liability?'”, is the question the court asked itself. And the judges answered “no”.
This means that the case, which was first heard in March 2017, will have to go back to court.
