In what circumstances is a plaintiff entitled to rely on necessity in a sexual assault case?
British Columbia, Canada
The following excerpt is from Regina v. L.S., 2001 BCPC 462 (CanLII):
In R v. MacDonald, above, at paras 26 to 32 it was held that the accused was not entitled to rely on necessity because it should have been reasonably foreseeable to her that, if she continued in a relationship with a man who had already beaten her several times, he would at some point put her in a situation of having to break the law rather than be beaten again.
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