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The burden should shift to the defendant to show that he took reasonable steps in the circumstances to ascertain her consent. Cunningham argued a person with HIV using a condom for consensual sex should only be convicted of aggravated sexual assault if that contraceptive fails.

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Lawyers for the appellant, who is identified in court documents by the initials n. how do we understand sexual pleasure in this age of ‘consent’?

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Heidi Matthews is an assistant professor of law at Osgoode Hall Law School at York University in Canada, where she also co-directs the Nathanson Centre on transnational human rights, crime and security.

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