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R v Ewanchuk
''R v Ewanchuk'', () 1 S.C.R. 330 is a leading Supreme Court of Canada case concerning the defence of consent to a charge of sexual assault. The Court held that there was no defence of implied consent. The case is also notable for the controversy that arose between Justice John McClung and Justice Claire L'Heureux-Dubé.
==Background==
Steve Ewanchuk brought a 17-year-old woman into his van for a job interview. After the interview Ewanchuk invited the woman to his trailer in behind. He took her into his trailer and began to make a series of advances. Each time she would say "no" to his advance and he would stop but, after the passing of some time, would then renew his sexual advances. She testified at trial that during her time in the trailer she was very afraid and that is why she did not take further action to stop the sexual conduct such as leaving or attempting to physically resist the man. Before she left, Ewanchuk paid her $100 so she could help pay for childcare.
At trial, Ewanchuk successfully argued that, although the woman had initially said "no" to his sexual touching, because he had continued and she had failed to object further this constituted "implied consent". The acquittal was upheld on appeal. In the decision of the Alberta Court of Appeal, Justice John McClung commented that "it must be pointed out that the complainant did not present herself to Ewanchuk or enter his trailer in a bonnet and crinolines” and that Ewanchuk's conduct was "less criminal than hormonal".
The issue before the Supreme Court was "whether the trial judge erred in his understanding of consent in sexual assault and whether his conclusion that the defence of "implied consent" exists in Canadian law was correct."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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