
In a decision published Friday, Justice Sheilah Martin wrote that a trial judge's use of the word "a woman" may "have been unfortunate and engendered confusion."
Martin does not specify why the word "woman" is confusing, but the next passage in her decision refers to the complainant as a "person with a vagina." Notably, not one person in the entire case is identified as transgender, and the complainant is referred to throughout as a "she."
The case was R. v. Kruk, which involved a 2017 charge of sexual assault against then 34-year-old Maple Ridge, B.C., man Charles Kruk.
"Mr. Kruk found the complainant intoxicated, lost, and distressed one night in downtown Vancouver," reads the background to the case. "He decided to take her to his house, and connected with the complainant's parents by phone."












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