R. v. D.C. 2012 SCC 48
Criminal Law - Sexual offences - Rape or sexual assault - Consent and extorted consent
The accused was charged with sexual assault and aggravated assault on the basis that she had sex with her partner without disclosing her HIV-positive status.
The Court of Quebec, in a decision with neutral citation 2008 QCCQ 629, convicted the accused. The accused appealed.
The Quebec Court of Appeal, in a decision with neutral citation 2010 QCCA 2289, allowed the appeal and set aside the convictions. The Crown appealed.
The Supreme Court of Canada dismissed the appeal.
Editor’s Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book’s editorial policy or otherwise. In this case the editing was done by the court.