Article
R v Thompson
Articles, Book Chapters, & Popular Press
Document Type
Response or Comment
Publication Date
1-1-2016
Keywords
- Offences,
- Sexual Assault,
- Aggravated Sexual Assault,
- Consent
Disciplines
Abstract
This decision is significant in the HIV+ non-disclosure context: if the approach taken here is adopted more widely, it would in effect reverse an aspect of the Supreme Court's decision in R. v. Mabior, 2012 SCC 47, 96 C.R. (6th) 1 (S.C.C.). In that case, the Court dealt with when HIV+ non-disclosure would mean that consent had been vitiated, and therefore that apparently consensual activity was in fact a sexual assault. Specifically, it found that consent would be vitiated by fraud if there was risk of deprivation due to the non-disclosure, and that there would not be a risk of deprivation if the accused had a low viral load and also used a condom.
Citation Information
Stephen Coughlan, "R v Thompson", Case Comment, (2016) 29 C.R. (7th) 393.