EP#149 | Honest But Mistaken Belief in Consent

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.