A History of Canadian Sexual Assault Legislation


Where Belief in Consent Not a Defence

An Act to amend the Criminal Code (sexual assault), S.C. 1992, c. 38. s. 1.

[Where belief in consent not a defence]
273.2 It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where
    (a) the accused's belief arose from the accused's
        (i) self-induced intoxication, or
        (ii) recklessness or wilful blindness; or
    (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting.