sexual assault

R v Kinamore: The Problem with Perfect Symmetry in Sexual Assault Trials

The Supreme Court of Canada recently released its decision in R v Kinamore, clarifying that a complainant's sexual inactivity amounts to sexual history under s. 276 of the Criminal Code. Evidence of one’s sexual inactivity is therefore presumptively inadmissible unless first vetted through a voir dire, a pre-trial hearing to determine admissibility. The Court further clarified that this requirement applies regardless of which party introduces the evidence.

Appeal Watch: SCC to Speak on Stereotypes and Common Sense in R v Tsang

Trial judges have a unique ability to assess evidence in a criminal trial: they see the witness, hear the testimony, and decide whether someone is believable. These findings are sometimes informed by intangibles, things that any person would struggle to articulate. Where a judge fails to articulate the evidence supporting a negative credibility finding, they […]

Common Sense, Speculative Reasoning, and Judicial Notice: SCC Grants Leave in R v Kruk

Content Warning: This article includes details about an allegation of sexual assault that may evoke strong emotions. In R v Kruk, 2022 BCCA 18 [Kruk], the British Columbia Court of Appeal ("BCCA") noted that "[relying] on … life experience to assess the credibility of witnesses is a daily and appropriate exercise for trial judges" (Kruk, […]

R v Nahanee: Notices and Further Submissions in Contested Sentencing Hearings

Content Warning: This article mentions instances of sexual violence that may be triggering for some readers. R v Nahanee, 2022 SCC 37 [Nahanee] is a case which addressed two key issues related to contested sentencing hearings following a guilty plea. The first issue was whether sentencing judges could depart from sentencing ranges proposed by the […]

No Still Means No: Clarifying the 5-4 Split in R v Kirkpatrick

At the end of July 2022, one message rang loud and clear across the country, straight from the Supreme Court: when it comes to consent, only yes means yes.  It was far from the first time that the SCC had said this or something like it. But this time, when the SCC released its decision […]

Contemporaneousness of Sexual Consent in R v AE

Content Warning: This article includes depictions of sexual violence that may evoke strong emotions for some readers. The jurisprudence surrounding the requirement for consent as a defence for sexual assault has expanded substantially to dispel the stereotypes and myths associated with sexual assault, most recently refined in R v Barton, 2019 SCC 33 [Barton]. Despite this […]

Incapacity Precludes - not Vitiates - Consent in R. v. G.F.

Content Warning: Sexual assault and intoxication The Supreme Court of Canada (“SCC”) has clarified that capacity is a precondition for consent in sexual assault offences in R v G.F., 2021 SCC 20 [G.F.]. As the two are “inextricably joined,” the majority ruled that trial judges are not required to consider the two issues in any […]

Assessing Credibility of Survivors: The ONCA Debunking Rape Myths and Stereotypes in R v Steele

Warning: The following post by necessity includes details about an allegation of sexual violence and offensive language. It may not be suitable for all audiences.   Are rape myths and stereotypes still perpetuated by courts? What are the implications of this for survivors of sexual assault? Although the ONCA in R v Steele, 2021 ONCA […]

R v Kirkpatrick: Can Ignorance Amount to Deceit When It Involves a Failure to Wear a Condom?

When assessing the scope of consent for sexual activity, the courts have held that consent is required at the beginning of every sexual incident. This means that consent given on one occasion is not a blanket approval for all subsequent sexual acts between the same parties.

SCC Denies Leave to Appeal Vicarious Liability Finding Against St. John’s Archdiocese in Sexual Abuse Scandal

CONTENT WARNING: Childhood sexual abuse and religious institutions. Newfoundland and Labrador’s Catholic community has been plagued by legacies of sexual abuse and scandal.