In a sexual assault case, in what circumstances will the victim survive but be left for dead?
Nova Scotia, Canada
The following excerpt is from R. v. B.C.G., 2009 NSSC 37 (CanLII):
There are relative degrees of violence. In R v. Best, 2005 NSSC 208, cited by Counsel, the victim lived, but he was left for dead. No one suggests that that circumstance exists in this case. But committing a rape, a legal term that was removed from the Criminal Code in 1983 in favour of the term sexual assault, is a crime of significant violence.
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