What are the elements of the test for determining whether someone has committed a sexual assault?
British Columbia, Canada
The following excerpt is from Warlow v. Sadeghi, 2021 BCCA 46 (CanLII):
The second element is a two-part test. The first part is subjective; the second part is objective. In Bollman v. Soenen, 2014 ONCA 36, the court set out the elements of the test:
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