Canada Supreme Court and Online Dating

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On Friday 29 July, CBC News reported the outcome of a condom use case that played out in British Columbia courts and went all the way to the Supreme Court of Canada.

A man and a woman met online. They arranged to see each other, eyeball to eyeball and had sex in March 2017. The woman had a condition, he must put on what is called the raincoat, in other countries.

They had a go at it with full protection, but later on at night the man pretended he had put on protection, when he didn’t. The Supreme Court in its ruling said sex without a condom, when it had been a condition, can be sexual assault.

Lawyers and the whole legal fraternity will analyze the implications of this precedent. The complainant, whose name is protected, took Ross McKenzie Kirkpatrick to court for the deception. Now there will be a new trial.

Millions of women globally do not have her choice. Husbands play outside and bring the dust home, to wives. ‘I’ll kill my wife if she says I should wear a condom'  is a common sentiment.

One caller told a radio host, “This thing (deadly disease) comes to us when we are sitting here, at home.”

By: Nonqaba waka Msimang.

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