Consent means the complainant’s voluntary agreement to the sexual activity in question at the time it occurred. Consent cannot be assumed from silence, passivity, a previous relationship or prior sexual activity. It may also be withdrawn at any time.
These trials often require a careful examination of the evidence surrounding the encounter, including the accounts given by the complainant and the accused, electronic communications, witness evidence and any relevant physical or medical evidence. Evidence concerning prior sexual activity or private records may only be introduced after following the specialized procedures established by sections 276 and 278 of the Criminal Code.