Admissibility of Tinder Dating Application Messages: Evidence in Sexual Assault Trials
Generally, written evidence of a complainant’s sexual activity is presumed inadmissible, as it runs afoul of the Criminal Code s. 276. Such evidence can be admitted, but it requires the judge to carefully consider several factors prior to admission. Popularity of dating applications like Tinder, it is becoming increasingly difficult to differentiate between communications referencing a complainant’s prior sexual activity and communications that are part of the sexual activity
‘Sexts’ as Evidence of Future Likelihood to Consent: Implications of R v Reimer
Sexual assault cases present uniquely challenging evidentiary issues due to the threat of prejudicial reasoning against the complainant. While Parliament and the courts have settled on a progressive legal framework to reflect these concerns, the application of these laws can vary considerably where the evidence suggests an intention of the complainant to consent.Recently, the Ontario Court of Appeal’s decision in R v Reimer recognized that a complainant’s past sexual relation
