June 28, 2019
Professors and alumnus cited in Supreme Court decision
The Court cited Jennifer's article "Marriage and Advance Consent to Sex: A Feminist Judgment in R v JA" published in Oñati Socio-legal Series; Lisa's article "The WD Revolution," published in the Manitoba Law Journal, and; Joshua's article “Tied Hands? A Doctrinal and Policy Argument for the Validity of Advance Consent," published in the Canadian Criminal Law Review.
According to Law Times, "the defendant and complainant in that case had previously lived together and continued to engage in sexual activity on occasion after their relationship ended. The accused, Patrick Goldfinch, allegedly hit the complainant and engaged in sexual relations without her consent, on an evening in 2014 when she visited his residence. Goldfinch put forward the defence of consent or alternatively, honest but mistaken belief in consent. The trial judge ruled that the past sexual history was admissible for “context” and gave instructions to the jury on the limited use of this evidence."