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The Intoxication Defence In Sexual Assault

Ordinary self-induced intoxication is not a defence to sexual assault. Only intoxication so extreme that it amounts to non-mental-disorder automatism may negate voluntariness: the accused must have had no voluntary control over their actions, not merely lowered inhibitions or impaired judgment. The accused must prove that state on a balance of probabilities, ordinarily through expert evidence.
Close-up of a judge’s hand striking a gavel on a wooden block, symbolizing legal decisions and courtroom rulings in Canadian assault cases

This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.

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Jonathan Pyzer

Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.

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