(WTVO) — Canada’s Supreme Court ruled Friday that use of a condom during sex is a condition of consent, which could lead to sexual assault charges if one is not used when requested.
The court said use of a condom was part of consent during “sexual activity in question” when deciding the case of Ross Kirkpatrick, from British Columbia, who did not wear a condom even though his partner requested it beforehand.
According to CBC, Kirkpatrick met the plaintiff online in 2017 and the pair proceeded to have sex twice in one night. The woman said Kirkpatrick wore a condom the first time but not the second.
She testified that she had not consented to intercourse without a condom.
He was charged with sexual assault but acquitted by a judge in British Columbia, who said there was no evidence she had not consented or that he had acted fraudulently.
But the Court of Appeal ordered a new trial. Kirkpatrick appealed to the Supreme Court, but his appeal was denied Friday.
According to the law, the Supreme Court wrote, the complainant had not consented to sexual intercourse without a condom.
“Sex with and without a condom are fundamentally and qualitatively distinct forms of physical touching,” Justice Sheilah Martin wrote. “A complainant who consents to sex on the condition that their partner wear a condom does not consent to sex without a condom.”