R. v. Sansregret

"Sansregret v. R." [1985] 1 S.C.R. 570 is a leading Supreme Court of Canada case on the requirements and defence for the criminal charge of rape.

Background

The appellant and the complainant lived together. They had a violent relationship in which the appellant frequently roughed up or slapped the complainant. In September 1982, they decided to end their relationship. A few days later the appellant became furious and attacked the complainant with a file-like object. The complainant reported the incident to the police, but decided not to press charges. Three weeks later the appellant broke into the complainant's house. The appellant picked up a butcher knife and entered the complainant's bedroom. The complainant became fearful for her life. The complainant tried to calm down the appellant by pretending that there was some hope of reconciliation. They engaged in intercourse shortly later, but the complainant stated that she engaged in intercourse only to prevent further violence by the appellant. She later filed charges against the appellant for rape.

Reasons of the Court

McIntyre, for the majority, entered a conviction on the basis that even if the accused was not subjectively aware that there was no consent, he was wilfully blind to the lack of consent. The culpability of wilful blindness is the accused’s refusal to inquire whether the complainant was consenting, when he was aware of the need for some inquiry, but decided not to inquire because he did not want to know the truth.

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