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03-Sep-2020 18:05

Rivera eventually admitted to lying about the complainant initiating oral sex and her alleged statement, in the throes, that a condom wasn’t required.He said he’d forgotten about the complainant’s two rules when he spoke to police.Rivera was subsequently charged with sexual assault.

Of course it was a credibility contest, weighing the contradictory evidence.

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Which is the arrangement a particular man and a particular woman made back in October, 2017. Her place, her rules: Condom mandatory and “no means no.” He was “totally Ok with that.”So far, so good.

Which was too much for the judge to accept, finding his evidence raised issues of credibility and reliability.“It is improbable that she would have risked pregnancy by agreeing to sex without a condom, particularly with a stranger.” While Champagne said she didn’t disbelieve the woman’s testimony about forced oral sex and a second round of unprotected sex, the evidence before her didn’t reach the standard of proof for conviction on those allegations. When he got there, he went on the Plenty of Fish application and saw that the complainant was online.

That the woman engaged in “small talk” afterwards, while lying in bed together, was, she’d testified, because she was shaken and upset and afraid Rivera would try yet again. The courts clearly do now belong in our bedrooms, turning on its head what then Liberal justice minister Pierre Elliott Trudeau famously said in the freewheeling late ’60s after introducing an omnibus bill that rightly decriminalized homosexuality, legalized contraception and eased restrictions on abortion: “There’s no place for the state in the bedrooms of the nation.”But the times, they have a-changed.