Well, this bill doesn't purport to deal with judicial education or judicial accountability. Of course I share your concern that we have persistent problems in terms of judges fumbling the ball on the legal rules regarding consent and other issues in a sexual assault trial. I guess I still favour further legislative clarification and codification when possible.
On the issue of forms of incapacity that do not reach unconsciousness, I think it would be really good for our legislation to specify some criteria for capacity to consent, and I take some of these from Supreme Court jurisprudence in other cases. The complainant has to be capable of understanding the sexual nature of the act and the risks involved. The complainant has to be capable of understanding that she can choose to decline, and she has to be capable of communicating her voluntary agreement. I think putting those kinds of details in legislation is really helpful for judges, because I think the law of sexual assault is already exceedingly complex. The more clarification and guidance we can provide judges, the better.