An aspiring estate agent found guilty of sexually assaulting his ex-partner has had his eight-month imprisonment sentence to be served in the community overturned by the Quebec Court of Appeal after it ruled that a conditional discharge, while a rare measure for sexual assault, may be granted when the circumstances warrant it.
In a decision that examines the evolving and thorny notion of consent, the principle of proportionality in sentencing and to a lesser extent the concept of “best interests,” the Appeal Court held that the appellant’s lack of understanding of consent does not reduce his legal liability but reduces his moral responsibility, particularly in light of the introspection that followed and the remorse he felt. That is a finding that criminal lawyers will undoubtedly resort to, according to legal pundits.