The Canadian Supreme Court has upheld the sexual assault conviction of a man who poked holes in the condoms he wore during sex with his girlfriend.
Craig Hutchinson sabotaged the condoms his partner insisted he wear in a bid to impregnate her and thus encourage her to stay with him, prosecutors said.
Hutchinson argued deceiving his partner about the condoms did not invalidate her consent to have sex with him.
He faces up to 18 months in prison and will be registered as a sex offender.
"A person consents to how she will be touched, and she is entitled to decide what sexual activity she agrees to engage in for whatever reason she wishes," the high court wrote in its decision on Friday.
"Because of the deliberate deceit of her partner, the sexual activity was not carried out in the manner that the complainant had agreed to."
According to court documents, Hutchinson, 43, began piercing the condoms in the summer of 2006 after his girlfriend expressed doubts about the months-old relationship.
She learned of his deceit after she became pregnant and he revealed what he had done in a series of text messages.
The woman, who was not identified by the court, obtained an abortion and went to the police.
Hutchinson of Nova Scotia was charged with aggravated sexual assault in July 2007.
He was first acquitted by a trial judge, but prosecutors appealed and he was convicted at a second trial. He appealed against that verdict.
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