Recent Cases
Vancouver Criminal Lawyer: Joel Whysall
Mistaken Belief in Consent & Hung Jury
The Facts:
Client went on a Bumble date after extensive sexting. The date progressed to sexual activity of a BDSM variety involving rape scenario, no means yes. Defence application granted allowing the Defence to adduce private sexting messages. The Defence put forward that the Client was genuinely mistaken in his belief in consent and Complainant’s version of events was inconsistent on material points. Mistrial granted given jury unable to reach a verdict.
The Result:
Mistrial. Hung Jury. Client not convicted.