Nov 25, 2014

Facts: Cornejo goes to victims house and finds her asleep on the couch. He considers her raising her pelvis to be consent as he took her pants off. She denies, saying she was drunk.

Held: Appeal allowed, acquittal set aside, new trial.

Ratio: Belief that silence equals consent is not a defence.

Reasons: Accused’s “giant leap of imagination” as to the complainant’s consent did not have an “air of reality”. The circumstances were crying out for reasonable steps to ascertain consent.

    ·Failed on two grounds

    oNo air of reality and;

    oHe did not take reasonable steps to ascertain consent