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Wednesday, 10 March 2010
Alcool ou Drogue
Drugs or Alcohol PDF Print E-mail

Alcool et Drugs
Does a person charged with sexual assault can defend itself by claiming it was under the influence of alcohol or drugs when she attacked me?
 

The accused can not invoke his drinking or the influence of drugs as an excuse for sexual assault. It can claim that because of the drink or drugs, he thought you had consented to sexual acts. Thus, the rule is that the belief of the accused to consent does not come from voluntary weakening of his faculties.

The courts have recognized that extreme intoxication resulting in a lack of awareness around the insanity or automatism may be a defense to a sexual assault. It is, however, is a strong exception.

 
 

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