In episode 143 of the Not on Record Joseph and Michael discuss the legal implications of “stealthing,” which is the non-consensual removal of a condom during intercourse. The conversation highlights a recent case where a client was acquitted of stealthing charges. The discussion delves into the legal framework established by the Supreme Court of Canada, particularly referencing the 2022 Kirkpatrick decision, which clarified that stealthing can constitute sexual assault if condom use was a condition of consent. The podcast also contrasts this with an earlier case, Hutchinson, where deception through condom sabotage was considered fraud vitiating consent. The hosts emphasize the importance of evidence in such cases and reflect on how the legal definitions and frameworks impact both prosecution and defense strategies in sexual assault cases involving stealthing.
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https://rumble.com/v5smwpn-ep143-what-is-stealthing.html
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Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal.
R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw
Sponsored by EasyDNS https://easydns.com/NotOnRecord Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal. R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw 🔹Short Description: 🏒Pop culture to case law: Episode 185 breaks down ONCA 2025 J.W. delay in reporting, continued association, jury instructions, and prior consistent statements. ⚖📢🎙 📝Meta Description: Discover Episode 185 of Not On Record: We dissect ONCA’s 2025 J.W. decision—myths/stereotypes, timing of ...
