The Canadian Supreme Court has set a precedent: Removing a condom and not telling your partner is a form of sexual assault, according to its 5-4 ruling released Friday. “In no other jurisdiction in the world is it as clear that when someone has agreed to sex with a condom, and removed it without their consent, this constitutes sexual assault or rape,” said University of Alberta women’s studies professor Lise Gotell. The decision will cause Ross McKenzie Kirkpatrick to go back to trial after he was charged for failing to wear a condom during sex with a woman he met online in 2017 despite agreeing to do so weeks in advance. Kirkpatrick’s lawyer told The New York Times that this signals the importance of men continuing to check if their partner has given them active, engaged consent.
