The appellant was charged with rape and acts of gross indecency.
He admitted to the acts but raised the defence of compulsion under s. 17 of the Criminal Code, claiming he was forced by another man who was armed with a knife.
The trial judge left the defence to the jury, who acquitted the appellant.
The Court of Appeal allowed the Crown's appeal and ordered a new trial.
The Supreme Court of Canada dismissed the appellant's appeal, holding that the defence of compulsion is not available for the crime of rape.
The Court found that the phrase 'assisting in rape' in s. 17 of the Criminal Code excludes both the actual ravisher and those who assist in the offence.
