For the offence of maintaining an unlawful sexual relationship with a child under s 50 of the CLCA, the relationship element requires something more than the alleged unlawful sexual acts alone, but all circumstances of the association including evidence of sexual conduct must be considered. The word 'relationship' bears its ordinary meaning and whether one exists is a question of fact. Knowledge is the required mental element — the accused must have knowledge of the acts and contextual circumstances comprising the relationship, but need not have desired or subjectively considered themselves to be in a relationship. A relationship may be resumed after absence and may evolve over time; it need not be the same relationship as existed before the offending period.
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