‘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
No More Missed Chances: It is Time for the SCC to Clarify Prior Sexual Activity Evidence
In every sexual offence trial, the Court must balance two competing principles: protecting the complainant’s dignity and upholding the accused’s presumption of innocence. This tension is often most acutely felt when deciding which evidence to admit. Five years ago, in R v Barton, the Supreme Court of Canada (SCC) stated: “We live in a time where…sexual violence [is] tragically common...Without a doubt, [this] is one of the more pressing challenges we face as a society.
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.
