Case concerning battery in a civil suit that involves sexual assault. S is a bus driver who purportedly had a sexual relationship with plaintiff. Plaintiff says that contact was without her consent.
Does a plaintiff have to prove consent or lack of consent to the battery that took place?
The plaintiff in a sexual battery case does not have to prove lack of consent; the defence counsel must raise issue of consent and has the burden of proof.
Onus is on the defendant to raise consent as a defence
**Defence must raise it, then must prove it
**Onus on plaintiff is unreasonable
**Easier to prove a positive rather than a negative