R. v. Diakite: Section 276 and its Limitations on Crown Evidence
Evidence presented in criminal trials is an essential element of the decision-making process of judges and juries. There is perhaps no form of evidence more contested than that which arises out of a so-called “he-said-she-said” alleged sexual assault. Over time the Canadian criminal justice system has amended its views to acknowledge more contemporary beliefs about sexual assault, particularly rebuking and protecting the system from the pitfalls of the “twin myths” of sexual
Barton, the Twin Myths & the Defence of Honest but Mistaken Belief in Communicated Consent
At the heart of sexual assault cases is the presence or absence of consent, and whether the consent was freely given. Unfortunately, this defence often relies on the complainant’s prior sexual activities and can make trial for sexual assault victims an even more humiliating and demeaning experience then it needs to be. This defence often relies upon the twin myth reasoning, which is the idea that complainants with a prior sexual history are firstly more likely to have consent
The Me Too Movement & The Evolving Interpretation of ‘Consent’
The 21st century has seen major steps forward in addressing sexual violence against women. For example, in 2006 the Me Too Movement swept across the world, infiltrating every social media platform and exposing the darkest corners of Hollywood, professional sports, and even the US Congress. While not an exhaustive list, these fields contained some of the most notorious instances of sexual harrasment and violence against women.
