
The Supreme Court debates condoms and consent
The Decibel
00:00
How to Determine if a Man Is Guilty of a Sexual Assault
The court is not deciding whether he's guilty. They're just deciding what approach should be used and whether it should go back for another trial. But the whole thing has to be understood in he light of a two sand 14 cases that the supreme court ruled on, although they did not use that word. The majority of four judges said it was sexual assault because the man committed fraud that nullified the woman's consent. There always has to be consent to sexual activity, otherwise it's sexual assault. In this case, you have to show two things, one, that there was deceit, meaning a deliberate attempt to mislead. And two, thatthere was harm, or the risk of harm,
Transcript
Play full episode