Supreme Court of Canada clarifies consent in sexual assault cases

The Supreme Court of Canada ruled Friday that trial judges must consider all available evidence, not only a complainant’s testimony, when deciding whether a person had the capacity to consent to sexual activity. The decision in R. v. Rioux clarified how courts should assess capacity and consent in cases involving intoxication, memory loss, or fragmented recollection.

The case arose from sexual assault charges against a Quebec man, Mr. Rioux, involving a woman with whom he had a prior relationship. The complainant testified that after drinking alcohol at a picnic, she lost control of her body and could recall only fragments of what took place that night. She believed she might have been drugged. Mr. Rioux maintained that he believed she was capable of consenting and that she had do