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June 28, 2019

Professors and alumnus cited in Supreme Court decision

Professors Jennifer Koshan and Lisa Silver, and alumnus Joshua Sealy-Harrington, JD'13 were cited in the Supreme Court of Canada decision R. v. Goldfinch.

The Court cited Jennifer's article "" published in O帽ati Socio-legal Series; Lisa's article "," published in the Manitoba Law Journal, and; Joshua's article 鈥淭ied Hands? A Doctrinal and Policy Argument for the Validity of Advance Consent," published in the Canadian Criminal Law Review.

According to , "the defendant and complainant in that case had previously lived together and continued to engage in sexual activity on occasion after their relationship ended. The accused, Patrick Goldfinch, allegedly hit the complainant and engaged in sexual relations without her consent, on an evening in 2014 when she visited his residence. Goldfinch put forward the defence of consent or alternatively, honest but mistaken belief in consent. The trial judge ruled that the past sexual history was admissible for 鈥渃ontext鈥 and gave instructions to the jury on the limited use of this evidence."