Sexual assault appeals frequently lack the luxury of plentiful evidence. The cases often involve only two people: the complainant and the accused. By its very nature, the crime is usually carried out away from other witnesses. Sometimes, the cases might not include physical evidence and come down to ‘he said, she said’ testimony. When there […]
Evidence in sexual assault appeals Read More »
When sentencing someone for certain sexual offences involving children, a Court can make orders in addition to imprisonment. These orders, which aim to prevent reoffending, include restricting the ability of the offender to access to places where children might be present. They can also prohibit the offender from accessing the internet. The offender can appeal
Appeals of sentencing conditions of sex crime convictions Read More »
The BC Court of Appeal recently determined that the presence or absence of a condom can be a major factor in determining whether consent to sex is legally valid. In the case of R. v. Kirkpatrick, the accused person and the complainant had lengthy discussions about condom use before they ever had sex. The complainant
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