In R. v. Densmore (Ont CA, 2026) the Ontario Court of Appeal dismissed a criminal appeal, this brought against a "conviction for sexual assault following a judge-alone trial".
Here the court considers sexual consent:
[22] In this case, I do not accept that the trial judge’s phase-by-phase analysis constitutes legal error. Consent must be assessed in relation to each sexual act. Where an encounter evolves, a trier of fact must thus determine whether subjective consent existed at each phase and whether it was communicated. Further, as the appellant accepts, the order in which the trial judge made his findings is inconsequential as long as he properly applied the principle of reasonable doubt: R. v. J.A., 2011 SCC 28, [2011] 2 S.C.R. 440, at para. 66; Vuradin, at para. 21.
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