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B.C. Court of Appeal orders new trial for husband in ‘rape role-play’ case

  • The B.C. Court of Appeal ordered a new trial for a man convicted of sexually assaulting his wife, stating that messages about consensual 'rape role-play' were wrongfully excluded as evidence.
  • The husband claimed his wife 'agreed to participate in' and 'instigated' the role-play scenario after exchanging explicit messages the night before the incident.
  • The appeal panel found the trial judge failed to consider the relevance of the messages, which related to whether the act was consensual or if the accused had a mistaken belief of consent.
  • The ruling emphasized that the husband's testimony seemed disconnected from prior discussions initiated by the complainant about role-playing.
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castanet.net broke the news in Kelowna, Canada on Monday, February 3, 2025.
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