Should deliberately puncturing condoms be charged as sexual assault?


He has been pronounced fraudulent and dastardly by a court of law but is he a criminal? The case of a Nova Scotia man who punctured the condoms and impregnated his unsuspecting girlfriend is before the courts again. If his conviction of sexual assault is upheld, it could open the door to prosecution against anyone who is dishonest about birth control ... man or woman.

Part One of The Current


It's Wednesday June 6th.

Peter Mackay admits the 2010 press conference announcing the government's F-35 purchase cost taxpayers more than $47,000 dollars.

Currently, Mackay adds "look, you've got to spend money to waste money".

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Should deliberately puncturing condoms be charged as sexual assault?

Should a man who deliberately damaged his girlfriend's condoms, an act that resulted in her pregnancy ... be considered guilty of sexual assault? Legal opinion on that is mixed.

One Nova Scotia judge thought no -- but a second judge sentenced Craig Jaret Hutchinson to 18 months in jail. Mr. Hutchinson is appealing, and this week, a 5-judge panel of the Nova Scotia Court of Appeal, heard his case.

According to some legal thinkers, if Mr. Hutchinson's conviction is upheld, the implications are huge and wide-ranging. Including the possibility that a woman could be found guilty of assault if she lies to a partner about using birth control. These are deep and troubling legal waters.

To discuss the case, we were joined by Craig Hutchinson's lawyer, Luke Craggs. He was in our Halifax Studio. And Jim Gumpert is a Senior Crown Counsel in the Nova Scotia Prosecution Service. He represents the crown in this case. We reached him in Halifax as well.

This segment was produced by The Current's Lara O'Brien and Halifax Network Producer, Mary Lynk.

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