Ottawa

Quebec man's broken promise to wear a condom was sexual assault, justice rules

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Warning: Some details in this story may be disturbing

The man at the centre of the sexual assault case in Ontario Superior Court was told via text and in person that he had to use a condom, but didn't, the judge heard. (Shutterstock)

A man who had unprotected sex after agreeing to wear a condom committed sexual assault because his behaviour invalidated his sexual partner's consent, an Ontario judge has ruled.

Anibal Rivera's actions amounted to fraud and caused a significant risk of serious bodily harm, says the recent ruling by Superior Court Justice Nathalie Champagne.

Champagne said not wearing a condom against another person's wishes usurps that other individual's sexual autonomy and the right to make decisions about engaging in sexual activity.

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The court heard Rivera, of Valleyfield, Que., and a woman, who cannot be identified because of the nature of the charges, met on the dating website Plenty of Fish in October 2017. A few days later, they arranged to meet at her Cornwall, Ont., home for a sexual encounter.

Prior to their meeting, court heard the woman texted Rivera to tell him condoms, which she used as birth control, were mandatory and "no means no."

Rivera agreed to those terms.

The woman told the court she reiterated her rules during their encounter, but Rivera proceeded without a condom against her wishes, insisting he was "clean."

Rivera testified the woman had agreed to go ahead without a condom as long as he did not ejaculate inside her.