Is continuing sexual contact after someone has said no to be reckless conduct?
Alberta, Canada
The following excerpt is from R. v. W.A.T., 2011 ABQB 328 (CanLII):
Continuing sexual contact after someone has said ‘no’ is, at a minimum, reckless conduct which fulfills the mens rea requirements of sexual assault. Major J. in Ewanchuk observed at para. 45, quoting from R v. Park, 1995 CanLII 104 (SCC), [1995] 2 S.C.R. 836, at para. 39: ... the mens rea of sexual assault is not only satisfied when it is shown that the accused knew that the complainant was essentially saying “no”, but is also satisfied when it is shown that the accused knew the complainant was essentially not saying “yes”.
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