Sentences with phrase «harm in a sexual context»
Serious violence will involve, or will appear to involve, serious bodily harm in a sexual context; and serious sexual violence will involve, or will appear to involve, serious bodily harm where the violence is sexual; and serious bodily harm covers violence in respect of which a prosecution of grievous bodily harm could be brought.
https://www.newlawjournal.co.uk/ Not exact matches
As I will discuss in this post, White suggests that choking should be seen as equivalent to bodily harm in this context, which may have implications for sexual assault matters more broadly.
There have been other cases where lower courts have found that bodily harm in the sexual assault context vitiates consent (see e.g. R v Welch, 1995 CanLII 282 (ONCA)-RRB-, and the Supreme Court itself has held that consent to sexual activity may be vitiated in cases involving significant risk of serious bodily harm (R v Cuerrier, [1998] 2 SCR 371, 1998 CanLII 796; R v Mabior, [2012] 2 SCR 584, 2012 SCC 47, both dealing with non-disclosure of HIV).
In Welch, the Ontario Court of Appeal rejected the defence argument of consensual sado - masochistic (SM) sex, holding that in the sexual assault context, «a victim can not consent to the infliction of bodily harm upon himself or herself... unless the accused is acting in the course of a generally approved social purpose when inflicting the harm.&raquIn Welch, the Ontario Court of Appeal rejected the defence argument of consensual sado - masochistic (SM) sex, holding that in the sexual assault context, «a victim can not consent to the infliction of bodily harm upon himself or herself... unless the accused is acting in the course of a generally approved social purpose when inflicting the harm.&raquin the sexual assault context, «a victim can not consent to the infliction of bodily harm upon himself or herself... unless the accused is acting in the course of a generally approved social purpose when inflicting the harm.&raquin the course of a generally approved social purpose when inflicting the harm.»