Sexual Exploitation of Young People with FASD - UBC ...
Sexual Exploitation of Young People with FASD - UBC ...
Sexual Exploitation of Young People with FASD - UBC ...
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Essence <strong>of</strong> s.138 is element <strong>of</strong> exploitation<br />
Consent <strong>of</strong> person significantly impaired to be respected<br />
UNLESS consent was obtained by the accused by<br />
“taking ADVANTAGE <strong>of</strong> their impairment”.<br />
Crown must prove “exploitative sexual connection” <strong>with</strong> a<br />
person <strong>with</strong> “a significant impairment” beyond reasonable<br />
doubt<br />
Focuses on predatory conduct where accused knows <strong>of</strong><br />
condition and obtains consent by exploiting it
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