Robson Crim Legal Blog

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

While many of the social norms have changed regarding women's sexual activity, stereotypes and assumptions still exist in Canadian society.

While perusing Netflix over the past couple months, you may have come across a mini-series called Unbelievable, and its name truly lives up to its premise. Based upon the true story of an American woman pseudonymously known as “Marie”, the show follows the victim of a serial rapist who reported her rape to the police and was both disbelieved and criminally charged with a gross demeanour for false accusation in Lynnwood, Washington.

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.