Ontario’s top court has upheld a sexual assault conviction involving non-consensual condom removal, despite the Crown’s appeal for a harsher sentence.

In a decision released this week, the Ontario Court of Appeal dismissed the Crown’s appeal of the sentencing in the case of R. v. Ranatunga, where a man was convicted after failing to use a condom during a sexual encounter, despite his partner’s explicit condition that one be used.

The man, Nimal Ranatunga, was sentenced to a conditional sentence of two years less a day.

However, of the three panel of judges, one judge dissented, finding that the trial court should have sentenced the accused to incarceration instead.

“This was a serious sexual assault that has had devastating effects on the victim. Incarceration for the balance of the se

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