Overturning Precedent with Social Sciences – R v OA

R v OA, 2025 ONSC 1326

Prior rulings in Ontario and the Supreme Court of Canada dating back to 1991 made it illegal for two consenting adults to engage in sexual activity that caused ‘bodily harm’, which was defined as “more than merely transient or trifling in nature”. This meant that two people were not unable to engage in intimate activity if it caused, for example, bruising. Mr. A was charged with sexual assault with a weapon. During the alleged activity, it was alleged that Mr. A caused bruises and cuts to the complainant. The law prohibited this activity, even if both people involved consented to specifically that. Defence counsel called expert evidence and argued that the law did not coincide with what social science now understood to be common activity in the community. The Court agreed and made new law – consenting adults can now cause bodily harm to each other through consensual sexual activity.