The “Perfect” Victim: The Reliance on Demeanour Evidence in Child Sexual Abuse Cases
Several factors must be considered when assessing the credibility of a witness or victim during a trial, one of which is their demeanour. Demeanour evidence is behavioural observations made by either the trier of fact or jury during witness testimony. Triers of fact analyze a witness’s demeanour for sincerity and honesty in determining credibility.
Similar Fact Evidence and the Defence of Consent: A Principled Application of R v. Handy in R v. Cyrus
The admissibility of similar fact evidence presents a persistent challenge in Canadian
evidence law, particularly in sexual assault prosecutions where credibility assessments are often
central. Evidence of an accused’s other discreditable conduct is presumptively inadmissible due to
the risk of propensity reasoning and the resulting moral and reasoning prejudice.
