Analysis of case law, criminal procedure, and evidence in Canadian sexual assault proceedings, written by criminal defence lawyer Aasheesh Puri.
Sexual Assault Blog is an independent Canadian legal publication examining sexual assault law as it plays out in real cases – covering case law, criminal procedure, evidence, and sentencing decisions. It’s written by Aasheesh Puri, a criminal defence lawyer practicing in British Columbia.
Most people assume that an appeal is a second trial. It is not. An appeal court does not hear the witnesses again, does not weigh the evidence afresh, and does not substitute its own view of who was telling the truth. That is why so many appeals fail. When a
Section 276 of the Criminal Code is one of the most important evidentiary rules in sexual assault trials. It governs when, if ever, the defence may introduce evidence of a complainant’s sexual activity outside of the specific allegation before the court. Often referred to as the “rape shield” provision, it
Consent sits at the heart of every sexual assault case in Canada. In most cases, the central issue at trial is not whether sexual activity occurred, but whether the complainant agreed to it. Understanding how Canadian law defines consent is essential for anyone trying to make sense of a sexual
Sexual assault is one of the most serious charges a person can face in Canada. The law in this area is complex, the trial process is unlike any other criminal proceeding, and the consequences of a conviction reach far beyond the courtroom. Whether you have been charged, are supporting someone