EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada

EP#231 | Drunk, Drugged or Incapable? Sexual Assault Law; USA vs Canada

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Neuberger & Partners

HIGHLY EXPERIENCED AND SKILLED TORONTO

Criminal Defence Law Firm

https://nrlawyers.com/

In Episode 231 of Not On Record, criminal defence lawyer Joseph Neuberger is joined for the first time by Yuvika to examine the Jane Doe civil lawsuit against Cornell University and a fraternity chapter arising from 2024 allegations of sexual assault. Using the case as a backdrop, they compare New York’s approach to capacity to consent where voluntary intoxication does not itself establish incapacity unless the complainant is unconscious or physically helpless with Canada’s broader framework under Criminal Code section 273.1 and leading decisions such as R v GF (2021 SCC), R v Alrawi (2018 NSCA 10), and R v Ryu (2025 SCC 34). The discussion covers the practical differences for sexual assault prosecutions, myth-based reasoning, and why these distinctions matter, while carefully distinguishing allegations from established facts.