Judge under fire for claiming ‘a drunk can consent’

The Globe and Mail interviewed Janine Benedet, a professor at UBC’s Peter A. Allard School of Law, after a Nova Scotia judge was criticized for declaring “clearly, a drunk can consent” when he acquitted a Halifax taxi driver of sexually assaulting a female passenger.

Benedet said cases like this are difficult because the accused may be the only person with a recollection to put forward, which is hard to counter in a judicial system.