Canadian Supreme Court has ruled that removing a condom during sexual intercourse without the explicit permission of a partner is a crime.
When a person is required by their partner to wear a condom during sex but either fails to do so or removes it during the act, they can be found guilty of sexual assault.
“Since only yes means yes and no means no, ‘no, not without a condom’ cannot mean ‘yes, without a condom,'” Judge Sheilah L. Martin wrote in the ruling this Friday.
The decision was announced in a case that involved two people who interacted online in 2017, met in person to see if they were sexually compatible, and then met to have sex, The New York Times reported.
The woman, whose name was shielded by a publication ban, had predicated her agreement to sex on the use of a condom. During one of two sexual encounters at that meeting, the accused man didn’t wear a condom, unknown to the woman, who later took preventive HIV treatment.
The defendant, Ross McKenzie Kirkpatrick, was charged with sexual assault.
However, the trial court judge dismissed the charge, accepting Kirkpatrick’s argument that the complainant had consented to the sexual relations, despite his failure to wear a condom.