Flutterby™! : R. v. A.B.

Sensible Erection had a link to In the Provincial Court of Alberta: Citation: R. v. A.B., 2003 ABPC 180

[4] The accused advances the following issues in law arising from his admitted act of ejaculation onto the face of the complainant on December 15th, 2002:

a) whether the complainant consented to the actions of the accused with respect to the ejaculation onto the body (face) of the complainant and as a corollary to that issue, whether the act of ejaculation is a sufficient application of physical force to give rise to a complaint of assault;

(b) whether, in the absence of the complainant's consent, the accused nevertheless held an honest but mistaken belief as to the complainant's consent, thus negating the requisite mens rea.

In which the court settles the question of "whether the act of ejaculation is a sufficient application of physical force to give rise to a complaint of assault".