Jan 09 2025 31 mins 8
In episode #149 Joseph, Michael, and Diana discuss the complex legal defense of "honest but mistaken belief in communicated consent" in sexual assault cases. They explain that this defense, codified in Section 273.2(b) of the Criminal Code, requires the defendant to have reasonably believed that the complainant communicated consent through words or conduct. The hosts emphasize the importance of the defendant taking "reasonable steps" to confirm consent, a precondition that has been legally established to prevent assumptions based on passivity or ambiguous conduct
The conversation delves into the nuances of this defense, including the shift in burden of proof it potentially creates for the accused. They discuss how the 1992 amendments to the Criminal Code have impacted the interpretation of this defense, requiring defendants to provide evidence of taking reasonable steps to ascertain consent or age in relevant cases. The hosts also explore the challenges in defining "reasonable steps" and how this concept applies differently in cases involving strangers versus those with a prior history.
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Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
The conversation delves into the nuances of this defense, including the shift in burden of proof it potentially creates for the accused. They discuss how the 1992 amendments to the Criminal Code have impacted the interpretation of this defense, requiring defendants to provide evidence of taking reasonable steps to ascertain consent or age in relevant cases. The hosts also explore the challenges in defining "reasonable steps" and how this concept applies differently in cases involving strangers versus those with a prior history.
Website: http://www.NotOnRecordpodcast.com
Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links
Twitter: http://www.twitter.com/NotonRecord
Instagram: https://www.instagram.com/notonrecordpodcast/
TikTok: https://www.tiktok.com/@notonrecordpodcast
Facebook: https://www.facebook.com/notonrecord
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord
Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
