Section 273.2 — Criminal Code: Where belief in consent not a defence

It is not a defence to a charge under section 271, 272 or 273 that the accused believed that the complainant consented to the activity that forms the subject-matter of the charge, where the accused’s belief arose from the accused’s self-induced intoxication, the accused’s recklessness or wilful blindness, or any circumstance referred to in subsection 265(3) or 273.1(2) or (3) in which no consent is obtained; the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting; or there is no evidence that the complainant’s voluntary agreement to the activity was affirmatively expressed by words or actively expressed by conduct.