OTTAWA (Reuters) - The Supreme Court of Canada on Friday found a Nova Scotia man guilty of sexual assault for poking holes in his condoms before having consensual sex with his girlfriend in order to try to make her pregnant.
Craig Jaret Hutchinson’s girlfriend, whose name the court has protected, said she had agreed to sex as long as it was with a condom so that she would not get pregnant.
The country’s top court held 7-0 that while she may have consented sex, she had not consented to unprotected sex, and that by poking holes in the condoms first, he had committed sexual assault.
“We conclude that there was no consent in this case by reason of fraud... Mr Hutchinson is therefore guilty of sexual assault,” Chief Justice Beverley McLachlin and Justice Thomas Cromwell wrote in arguments joined by two other justices. The other three judges came to a similar conclusion by a different legal route.
The written statement of facts presented by the prosecution said that Hutchinson had wanted to get his girlfriend pregnant at the time, in 2006, in order to keep their deteriorating relationship going.
The complainant ended up pregnant, though it was not clear from the evidence before the court that this was necessarily because of the condom tampering.
Hutchinson, who had been out on bail, will now have to serve an 18-month prison sentence.
Reporting by Randall Palmer; Editing by Jonathan Oatis