XPost: ba.politics, dc.media, soc.penpals   
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   From: mike812@aol.com   
      
   OTTAWA, March 7 (Reuters) - The Supreme Court of Canada on   
   Friday upheld the sexual assault conviction of a Nova Scotia man   
   for poking holes in his condoms before having consensual sex   
   with his girlfriend in order to try to make her pregnant.   
      
   Craig Jaret Hutchinson's girlfriend, whose name the court has   
   protected, said she had agreed to sex as long as it was with a   
   condom so that she would not get pregnant.   
      
   The country's top court held 7-0 that while she may have   
   consented to sex, she had not consented to unprotected sex, and   
   that by poking holes in the condoms first, he had committed   
   sexual assault.   
      
   "We conclude that there was no consent in this case by reason of   
   fraud... Mr Hutchinson is therefore guilty of sexual assault,"   
   Chief Justice Beverley McLachlin and Justice Thomas Cromwell   
   wrote in arguments joined by two other justices. The other three   
   judges came to a similar conclusion by a different legal route.   
      
   Hutchinson, who had been out on bail, will now have to serve an   
   18-month prison sentence.   
      
   The written statement of facts presented by the prosecution said   
   that Hutchinson had wanted to get his girlfriend pregnant at the   
   time, in 2006, in order to keep their deteriorating relationship   
   going.   
      
   The complainant ended up pregnant, though it was not clear from   
   the evidence before the court that this was necessarily because   
   of the condom tampering.   
      
   "While the Crown (prosecution) did not establish beyond a   
   reasonable doubt that the complainant's pregnancy was the result   
   of the damaged condoms, Mr. Hutchinson exposed her to an   
   increased risk of becoming pregnant by using a faulty condom. As   
   the trial judge found, a condom with a pinprick in it is no   
   longer effective birth control," McLachlin and Cromwell wrote.   
      
   It was only after she was pregnant and after they had broken up   
   that he sent her text messages telling her that he had sabotaged   
   the condoms and urging her not to use them, presumably meaning   
   with anybody else.   
      
   Eleven days later, the woman underwent an abortion.   
      
   "What took place here was sexual intercourse with a sabotaged   
   condom, a sexual activity to which the complainant did not   
   consent," Justices Rosalie Abella and Michael Moldaver wrote in   
   arguments joined by a third judge. (Editing by Jonathan Oatis)   
      
   https://trove.com/me/content/S4pld?chid=138459&_p=article_relate   
   d[9]   
      
       
      
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