LANDMARK RULING: Secret recordings of consensual sex are sexual assault, Ottawa judge rules

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LANDMARK RULING: Secret recordings of consensual sex are sexual assault, Ottawa judge rules
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A judge ruled consent was negated by fraud because the accused did not have consent to record the consensual sex.

Ontario Court Justice Ann Alder said his testimony defied common sense and bordered on the ridiculous. In the end, the judge found Rockburn guilty on two counts of sexual assault.Sign up to receive daily headline news from the Ottawa SUN, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails or any newsletter.

The judge didn’t buy Rockburn’s testimony that he had consent to record or they ought to have known they would be recorded. The women testified at trial they would never have had sex with Rockburn had they known they would be recorded. “Some of his evidence defied common sense, was unreasonable and illogical in the circumstances and bordered on the ridiculous,” Alder added.

“That fear, that serious psychological harm develops whether or not the images are actually distributed.”The judge said the secret sex recordings were “a classic case of deception.” One of the victims was upstairs at her grandmother’s home when she learned the mortifying news. She told her grandmother first about the sexual encounter that had been secretly recorded and posted online.Article content

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