In efforts to save his relationship, Hutchinson punctured his girlfriend’s condoms. The Supreme Court found that the victim had "not consented to unprotected sex", reports CBC News
. The second trial was presided by a different judge.
The couple began dating in 2006, according to the Toronto Metro News
, but when his girlfriend suggested a breakup, Hutchinson decided to take matters into his own hands. After puncturing her condoms with a pin, she became pregnant.
In a text message, Hutchinson wrote “I poked holes in all of them. I wanted a baby with you so bad, I sabotaged them,”
Patrick MacEwan, the original lawyer for Hutchinson argued that she could have gotten pregnant during the times that they did not use a condom. The court sided with him in the 2009 trial, saying that the act was “dastardly” but not criminal. Jennifer MacLellan, lawyer for the Crown, argued the act “negated the woman’s consent.”
The woman whose name is protected, had an abortion at nine weeks.
A second trial was ordered last year, according to CBC News
. This week, two of the three Supreme Court judges ruled against Hutchinson and he will be sentenced in December.