What is the test for determining whether a person can be found guilty of sexual assault under s. 27(1)(b) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Underdahl v. Oakridge Electric and others, 2008 BCHRT 68 (CanLII):
Determinations under s. 27(1)(b) are made based on the allegations in the complaint, without reference to any alternative evidence or explanations provided by the respondents: Bailey v. B.C. (Min. of Attorney General), 2006 BCHRT 120 at para. 9.
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