#61 - What Constitutes Sexual Assault in Canada, with Sarah Runyon by Borderlines published on 2021-09-23T22:31:02Z Sarah Runyon is a criminal defense lawyer on Vancouver Island. 3:00 What is sexual assault? 5:30 Is all sex between an employer and employee deemed to be non consensual? 6:00 Why was sexual assault separated from general assault? Is rape a distinct offence from sexual assault? Are there degrees of sexual assault? 7:30 If someone is at a nightclub and they start dancing with another person without their consent does that fit the definition of sexual assault? 15:00 Evidentiary issues. 16:30 Often the criminal defense bar wants judges to have a wide discretion in terms of what they can consider. Is this the same in the case of sexual assault? 21:00 Does the maxim “it is better that five guilty people go free than one innocent person go to jail.” Is the legal system moving away from this in sexual assault? 27:00 Is a restorative justice approach better than the current criminal justice system? 28:45 Can sexual assault be verbal? 33:00 Is revenge porn sexual assault? 34:00 Is there a statutory limitation on sexual assault? 35:00 Is being drunk a defense to sexual assault? 44:00 If someone is drunk are they capable of consent? 48:30 How does one determine whether the complainant was intoxicated? 51:00 How does one show an honest but reasonable belief as to consent? 1:03 How does the “beyond a reasonable doubt” onus work in sexual assault cases that are “he-said she said”. 1:10 Trial by jury or judge.