Supreme Court upholds sexual assault conviction for condom piercing

Published on March 7, 2014

In a decision released March 7, the Supreme Court of Canada unanimously upheld a sexual assault conviction for a former Shelburne County man who poked holes in his girlfriend’s condoms to deceive her so she would become pregnant.

Craig Jaret Hutchinson’s case has woven its way through the courts in Nova Scotia for eight years. After a series of appeals he was sentenced to 18 months in jail in 2011. That conviction was appealed to the Nova Scotia Supreme Court, which upheld the decision and finally to the Supreme Court of Canada which has also concurred.

At Hutchinson’s trial, evidence was presented that his girlfriend had expressed unhappiness about their relationship. In September 2006, the defendant urged her to take a pregnancy test, which turned out to be positive.

Two months later, Hutchinson warned her he had poked holes in her condoms and advised her to throw them away. Shortly after that the victim decided to have an abortion and later suffered an infection of her uterus that required treatment with antibiotics.

The Supreme Court decision found that Hutchinson’s actions were defined within the sexual assault charge.

“What took place here was sexual intercourse with a sabotaged condom, a sexual activity to which the complainant did not consent,” the court wrote in its decision. “The fact that she only learned of the deliberate sabotaging after the sexual activity took place, is of no relevance. What is relevant is what sexual activity she agreed to engage in with Mr. Hutchinson and whether he stuck to the bargain. He did not.”