(Trigger warning for sexual assault)
The Supreme Court says an unconscious woman can’t give consent to sex. In a split 6-3 decision, the court restored the sexual assault conviction of a man who penetrated his female partner in the anus with a dildo in 2007.
The man was originally convicted of sexual assault but that was overturned by the Ontario Court of Appeal. The woman testified at trial that she consented to being choked unconscious and that she understood she might lose consciousness.
Chief Justice Beverley McLachlin, writing for the majority, said a person must be conscious during sexual activity to give consent.
This sets an amazing legal precedent, and is very good news.