Our friend Matt, whom we first met in Assignment #1, is now 18 years old and his girlfriend Olivia is now 17 years old. Strangely, given their ages and relatively short length of their relationship, some of the "chemistry" is gone. They seem to need to do new and exciting things to keep the fire going in their relationship. Consequently, they recently decided that they should spice things up by having sex in public. Last week they had sex in an elevator at the mall. It was one of those glass-sided elevators, and several people were shocked to see them doing this.

Matt and Olivia have also discussed becoming more serious and taking their relationship to the next level. However, neither of them likes the idea of traditional marriage - they both believe that monogamy is not natural for human beings. They agree that it is possible to love more than one person (in a romantic sense) at the same time. Consequently, they have been talking about moving in with their friends Trevor and Sarah, who have an apartment in the Commercial Drive area. Matt and Olivia like Trevor and Sarah very much - in fact, they believe they are in love with Trevor and Sarah, and Trevor and Sarah have indicated they feel the same way. All four of them would like to try living in a committed relationship with each other, sharing rent and other living expenses, and of course freely sharing each other.

One might think that Matt and Olivia, given their consideration of the type of relationship they are contemplating with Trevor and Sarah, would be honest and secure in their relationship with each other. It turns out this may not be the case. Matt is HIV positive, but he has not disclosed this to Olivia. The good news for Matt is that his drug therapy has driven his HIV viral count down to near zero. Also, Matt always uses a condom when he has sex with Olivia. For her part, Olivia feels her relationship with Matt would be more secure if they had a baby together, but she knows Matt doesn't want a baby right now. Consequently, Olivia is thinking about lying to Matt and saying she is taking contraception and therefore Matt no longer needs to use condoms.

1. When Matt and Olivia had sex in the elevator at the mall, did they commit a crime? Be sure to address the offence which might best (most accurately) apply to these circumstances; you only need to select one (the most applicable) offence. In explaining your answer be sure to outline the law (all of the elements of the possible offence) and apply the law to the facts.

2. What is the name we use to describe the type of relationship that Matt and Olivia are contemplating? If Matt and Olivia move in with Trevor and Sarah will say four of them risk being charged under section 293 of the Criminal Code? Explain your answer with reference to both the relevant legislation and case law.

3. Is Matt committing a sexual assault every time he has sex with Olivia without disclosing his HIV positive status? Explain your answer with reference to relevant legislation and case law. [Note: You do not have to explain what a sexual assault is - it is a given that when they have sex there is an application of force of a sexual nature. You only need to discuss the most relevant aspect of sexual assault in these circumstances].

4. If Olivia goes forward with her plan to lie about her use of contraception in the hope of getting pregnant, would she be committing a sexual assault? Explain your answer with reference to relevant legislation and case law. [Note: You do not have to explain what a sexual assault is - it is a given that when they have sex there is an application of force of a sexual nature. You only need to discuss the most relevant aspect/element of sexual assault in these circumstances].