SELECTED CASE LAW
BRITISH COLUMBIA:
In 2018 BCCA 239, Mr. H appealed his conviction of sexual assault against Ms. D.
His appeals were demised as there was no “air of reality” for the defence of honest but mistaken belief in consent.
Mr. H met Ms. D in college and they had consensual sex. Later, he asked her to be his girlfriend and she didn’t reply to his calls and texts. Ms. D went on a date with another man, Mr. C, and while she was at his apartment Mr. H called her and came over. Mr. C had left the apartment to go pick up some food. Mr. H pushed Ms. D on the bed and she told him to stop. She called her friend Mr. Ch to come get her. Mr. H threw her phone aside and sexually assaulted her. Ms. D was calling for help during the incident.
Mr. H claimed Ms. D had pushed him away but that they had consensual sex.
Mr. H was convicted of sexual assault and sentenced to an 18-month sentence served in the community and probation. His appeals were dismissed.
Also see: 2017 BCSC 2166 (Appeal).
Criminal Offence(s): Sexual Assault