The defence had video recordings of the women verbally consenting
I haven’t followed this casenor seen the evidence that was provided by either the Crown or the Defence. However, the Supreme Court confirmed in R. v. J.A., 2011 SCC 28 (CanLII), [2011] 2 SCR 440 that consent for sexual activity requires ongoing consent.
[65] In the end, we are left with this. Parliament has defined sexual assault as sexual touching without consent. It has dealt with consent in a way that makes it clear that ongoing, conscious and present consent to “the sexual activity in question” is required. This concept of consent produces just results in the vast majority of cases. It has proved of great value in combating the stereotypes that historically have surrounded consent to sexual relations and undermined the law’s ability to address the crime of sexual assault. In some situations, the concept of consent Parliament has adopted may seem unrealistic. However, it is inappropriate for this Court to carve out exceptions when they undermine Parliament’s choice. In the absence of a constitutional challenge, the appropriate body to alter the law on consent in relation to sexual assault is Parliament, should it deem this necessary.
The victim may have consented at first however if consent was revoked during sexual activity then it becomes sexual assault.
Section 11© of the Charter of Rights and Freedoms confirms that defendants cannot be compelled to testify in their own matter. It’s Canada’s verision of the right to remain silent.
A witness can be compelled to testify however their testimony can’t be used against them in other proceeding except for prejury charges. This is found in section 13 of the Charter.
Ultimately, it’s up to the Crown to prove their case. It all comes back to being innocent before proven guilty. Section 11(d) of the Charter.
If you were to flip it all around, you would be considered guilty until proven innocent, you would always have to testify, and any witnesses that could help you would be open to being charged. In that scenario, good luck at not ending up in jail. The vast majority of defendants don’t have the resources to take on the State in a criminal matter.