A decision in a sexual assault case implied that the complainant should be properly known as a 'person with a vagina'

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The Supreme Court of Canada ruled in a recent sexual assault case that it was “problematic” for a lower court judge to refer to the alleged victim as a “woman,” implying that the more appropriate term should have been “person with a vagina.”

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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.”

It’s then that the accounts diverge. The complainant testified that she woke up to find that her pants were off, and Kruk was vaginally penetrating her. Kruk testified........

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