Supreme Court
Decision Information
Summary: Counsel for the Accused wanted evidence of the complainant's prior sexual history with the Accused admitted at trial - Crown counsel opposed, arguing s.276 of the Criminal Code which prohibits the admission of evidence as to the complainant's sexual activity other than the subject matter of the charge ("twin myths"). Court held that s.276 does not prohibit all inferences leading from evidence to conclusions about consent or believability - Evidence is excluded automatically only where it is used solely to support the inference that the complainant, by reason of her past sexual conduct, is more likely to have consented or is less worthy of belief - Court held that in these circumstances the use of the evidence would not trigger the prohibited inferences.
Abstract: Application to admit evidence as to sexual activity between the complainant and the accused on occasions other than the offence in question
Decision: Application allowed, evidence as to sexual history allowed
Subjects: Criminal law - Sexual offences - Sexual assault