Sexual Assault Trials: Capacity To Consent And Intoxication

In R v Owston, 2023 SKCA 101 [Owston], the Saskatchewan Court of Appeal recently provided critical clarification on whether someone has the capacity to consent to sexual activity when intoxicated. The Court made it clear that limitations in comprehension or reasoning ability due to intoxication do not, in and of themselves, establish that a person is incapable of consenting to sexual activity.

Background

Mr. Owston was convicted of sexual assault after going home from the bar with a woman who was alleged to be very intoxicated. The following morning, the woman claimed to have no memory of interacting with Mr. Owston, leaving the bar with Mr. Owston, nor any memory of anything that occurred at his house.