The B.C. Court of Appeal has granted a man convicted of sexually assaulting his wife a new trial because messages between the pair about a consensual 91裸聊视频渞ape role-play91裸聊视频� scenario were wrongfully excluded as evidence.

The ruling released on Friday says the complainant and accused, who can91裸聊视频檛 be identified under a publication ban, were married but separated at the time of the alleged sexual assault in November 2019.

The ruling says the husband claimed during the trial that his wife 91裸聊视频渁greed to participate in91裸聊视频� and 91裸聊视频渋nstigated91裸聊视频� a so-called 91裸聊视频渞ape role-play91裸聊视频� scenario, after they exchanged sexually explicit Facebook messages the night before the alleged assault.

The ruling says the woman sent her husband a video message including the sentence 91裸聊视频�91裸聊视频楻eblog if you91裸聊视频檙e into Rape Play91裸聊视频� followed by an exchange that included the wife describing her fantasies.

The trial judge found the messages weren91裸聊视频檛 relevant because they didn91裸聊视频檛 contain a 91裸聊视频渟cript for the role-play.91裸聊视频�

91裸聊视频淎 fantasy expressed is different from consent. Consent requires clear parameters and cannot be vague and broad. A fantasy can be entirely in the mind of the holder. Communicated consent cannot,91裸聊视频� the lower court ruled.

But the three-judge appeal panel disagreed, finding that the messages about 91裸聊视频渁 stranger rape and feigned sleep91裸聊视频� were relevant to whether the act was consensual, or whether the accused had an 91裸聊视频渉onest but mistaken belief91裸聊视频� there was consent.

The trial judge was wrong to view the messages 91裸聊视频渋n isolation,91裸聊视频� the Appeal Court found, because they 91裸聊视频渨ere prior communications that related to the complainant91裸聊视频檚 interest in engaging in the very specific type of role-play.91裸聊视频�

The panel found the trial judge failed to consider the relevance of the messages in connection with a conversation on the day of the alleged assault, in which the husband said his wife described when they 91裸聊视频渨ould start role-playing.91裸聊视频�

The ruling says that left the accused to testify as if the conversation 91裸聊视频渙ccurred out of the blue, rather than as a followup to a discussion that the complainant initiated and participated in.91裸聊视频�

The woman denied having the conversation in question, testifying that 91裸聊视频渢here was no talk of any sexual activity that day.91裸聊视频�

Defence lawyer Elliot Holzman, who represents the accused, said the case involves a somewhat 91裸聊视频渞are91裸聊视频� set of facts where 91裸聊视频渢he traditional notions of consent and honest but mistaken belief in consent have to be adapted to the facts of a rape role-play where one party is pretending to be sleeping or otherwise unconscious.91裸聊视频�

91裸聊视频淲hile the facts may seem somewhat salacious, I don91裸聊视频檛 think that the application of the law is at all controversial,91裸聊视频� he said.

Holzman said the messages at issue for the trial judge were very 91裸聊视频渟pecific91裸聊视频� about the conduct the couple had discussed, rather than generic or 91裸聊视频渧ague91裸聊视频� messages of a sexual nature.

He said courts have had to grapple with so-called 91裸聊视频渞ape role-play91裸聊视频� and the different 91裸聊视频渕arkers of consent,91裸聊视频� which in this case were the excluded text messages discussing the act, in combination with a conversation the day of the alleged sexual assault.

91裸聊视频淪exual assault law is complicated,91裸聊视频� he said. 91裸聊视频淚t91裸聊视频檚 very important that we get it right and sometimes that does mean that a sexual assault conviction from trial has to be overturned.91裸聊视频�

He said a hearing is scheduled later this week in Kamloops provincial court.