EP#149 | Honest But Mistaken Belief in Consent

Not On Record Podcast

In episode #149 Joseph, Michael, and Diana discuss the complex legal defense of "honest but mistaken belief in communicated consent" in sexual assault cases. They explain that this defense, codified in Section 273.2(b) of the Criminal Code, requires the defendant to have reasonably believed that the complainant communicated consent through words or conduct. The hosts emphasize the importance of the defendant taking "reasonable steps" to confirm consent, a precondition that has been legally established to prevent assumptions based on passivity or ambiguous conduct The conversation delves into the nuances of this defense, including the shift in burden of proof it potentially creates for the accused. They discuss how the 1992 amendments to the Criminal Code have impacted the interpretation of this defense, requiring defendants to provide evidence of taking reasonable steps to ascertain consent or age in relevant cases. The hosts also explore the challenges in defining "reasonable steps" and how this concept applies differently in cases involving strangers versus those with a prior history. Website: http://www.NotOnRecordpodcast.com Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links Twitter: http://www.twitter.com/NotonRecord Instagram: https://www.instagram.com/notonrecordpodcast/ TikTok: https://www.tiktok.com/@notonrecordpodcast Facebook: https://www.facebook.com/notonrecord Telegram: https://t.me/NotOnRecord Minds: http://www.minds.com/notonrecord Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753 SoundCloud: https://soundcloud.com/notonrecord Rumble: https://rumble.com/c/c-842207 For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com. Produced by Possibly Correct Media www.PossiblyCorrect.com