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''R v Hess; R v Nguyen'', () 2 S.C.R. 906 is a decision of the Supreme Court of Canada where the Court struck down part of the Criminal Code offence of rape as a violation of section 7 of the ''Canadian Charter of Rights and Freedoms''. ==Background== Victor Hess and Van Nguyen were both charged in two separate incidents with having sexual intercourse with a female under the age of fourteen contrary to section 146(1) of the ''Criminal Code''. The provision specifically prohibited a male from having sex with a female under the age of fourteen "whether or not he believes that she is fourteen years of age or more". In Hess's trial, the conviction was quashed on the basis that the offence violated section 15 of the ''Charter''. The verdict was overturned at the Court of Appeal and a new trial was ordered. In Nguyen's trial, he was convicted, which was upheld on appeal. The court did not find a violation of section 15, but there was a violation of section 7, which was saved under section 1. The question before the Supreme Court was whether the criminal provision violated sections 7 or 15 of the ''Charter''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Hess; R v Nguyen」の詳細全文を読む スポンサード リンク
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