What is the objective and objective elements of a sexual assault inquiry?
British Columbia, Canada
The following excerpt is from R. v Buchanan, 2021 BCSC 51 (CanLII):
That said, the objective element must be applied in a “contextual manner”: R v. Cairney, 2013 SCC 55 at para. 38, meaning that, when measuring the impact of a sudden provocation, the ordinary person must be taken to be of the same general age, sex and background as the accused, and must share with the accused such other factors as would give the wrongful act or insult in question a special significance. The history and background of the relationship between the victim and the accused is relevant on this stage of the inquiry: Thibert at paras. 15-19.
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