R v Ewanchuk

R v Ewanchuk, [1999] 1 SCR 330 is a leading Supreme Court of Canada case concerning the defence of consent to a charge of sexual assault.

She testified at trial that during her time in the trailer she was very afraid and that is why she did not take further action to stop the sexual conduct such as leaving or attempting to physically resist the man.

At trial, Ewanchuk successfully argued that, although the woman had initially said "no" to his sexual touching because he had continued and she had failed to object further this constituted "implied consent".

Either where the "complainant in her mind wanted the sexual touching to take place" or, in the case of establishing a mistaken belief of consent, where "the complainant had affirmatively communicated by words or conduct her agreement to engage in sexual activity with the accused".

She also castigated McClung J's opinion severely, arguing that it reposed on myths and stereotypes about women and sexual assault.