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.
The Intersection of Credibility and Stereotypes in the Family Violence Context
Family violence is defined broadly in the Divorce Act, including any conduct “that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour.”[i] This includes psychological abuse and financial abuse.[ii]Family violence has been recognized by the Supreme Court of Canada (SCC) as being “notoriously difficult to prove.”
R v Sanderson – A Miscarriage of Justice?
Rules governing the use of evidence are critical components to ensuring the credibility and fairness of the trial process. In the criminal justice system, evidentiary rules are critical to ensuring that defence counsel can properly defend the accused. This is a fundamental principle of the criminal justice system. The case R v Sanderson highlights why credible forensic evidence and witness testimony are critical to upholding the integrity of the justice system.
