OTTAWA — Canada’s top court has issued a stern warning about allowing evidence of past sexual history in sex-assault trials, telling judges to be strict with jurors on how such details can be used. A complainant’s sexual history can’t ordinarily be raised as evidence unless it’s directly relevant to the charge. Before 1982, there were no limits on the defence’s ability to introduce information about past sexual activity, usually done to attack the victim’s credibility. Justice Andromache Karakatsanis, writing for the largest group of judges, said Goldfinch couldn’t point to any specific use for his sexual past with the woman. “This cannot be achieved by confining accused persons to saying what happened and not allowing them to explain how, or why, or to produce any corroborating evidence.”

Source: National Post June 28, 2019 17:39 UTC