What are the remaining elements of the offence for sexual assault?
Nova Scotia, Canada
The following excerpt is from R. v. Letourneau, 2020 NSSC 302 (CanLII):
The issues to be determined here are the remaining elements of the offence. Did the Crown prove to the criminal standard that there was no consent on the part of the complainant? Secondly, was there an honest, but mistaken, belief in consent on the part of the accused? I note that as to both of those issues, I have extensively reviewed and taken from the SCC case R v. Ewanchuk, 1999 CanLII 711 (SCC), [1999] 1 S.C.R. 330. Consent
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