‘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
‘Sexts’ as Evidence of Future Likelihood to Consent: Implications of R v Reimer by C Bellows
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.R v Reimer recognized that a complainant’s past sexual relations may be relevant to the issue of consent.
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
R v J.J – The Admissibility of a Victim’s Entire Life
The admission of evidence in a trial dealing with sexual offences is always a sensitive topic. The courts must balance the interests of the accused and their ability to present a fair defence, as well as the complainant and the importance that they are not subjected to undue intimidation, harassment, and other barriers that prevent many complainants from coming forward. One such barrier is the admission of evidence in sexual offence trials.
The Evolution of Capacity and Consent - Brittney Macht
Capacity and consent have historically been considered to be distinct concepts, yet in modern day consideration of sexual assault cases, the need for capacity to be considered as a precondition for consent is receiving more traction. This blog will discuss the traditional understandings and criticism of how capacity and consent are approached, and how a new definition discussed in R v G.F. has combated this criticism.
