![]() The fact Kirkpatrick used a condom the first time they had sex led the complainant to assume that he was already wearing one when he initiated sex for a second time, she told the court - but he wasn't, which she said she did not realize until he ejaculated. The court has ordered a new trial in a British Columbia case in which a complainant told a new sexual partner, Ross McKenzie Kirkpatrick, that she would only have sex with him if he wore a condom. In a 5-4 decision today, the top court says that “no, not without a condom” should not be found to mean “yes, without a condom” in a courtroom. ![]() The Supreme Court of Canada says sex with a condom is a different physical act than sex without one, and that the use of a condom can be a condition of consent under sexual assault law.
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