Foreword

• Author: Marie Henein
• Pages: 25-26

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Foreword

The sheer volume of chapters and the range of topics covered in this book aptly high-

light the complexity of defending and prosecuting sexual oences, and the range of

intricate legal issues that are at play in such trials. That the prosecution and defence

of sexual oences cannot be articulated or remotely intelligently canvassed in 280

characters should be self-evident simply upon reading this book’s index alone.

These cases are equally dicult to prosecute and defend—and not because of the

subject matter. Lawyers are required to routinely try dicult cases. That quite simply

comes with the job. The diculty arises from the nature of such cases: they are pro-

foundly fact-specific. The evidentiary rules that govern such cases and the applic-

ability of legal principles are inextricably tied to the facts of that very case. What is

relevant evidence in one case may be wholly irrelevant in another. Where expert evi-

dence is admissible in one context, it may be inadmissible in another. Each case is

defined by the core issues at stake in that particular case. There is no one-size-fits-all

solution. Generalized assertions surrounding credibility or consent as the fact in issue

are unlikely to result in the forensic analysis required to prosecute or defend such

cases eectively. Understanding the parameters of a case, the true issues, the prose-

cution theory, and the defence is essential to beginning to understand that case. Gen-

eric and vague assertions invariably lead to error, whether it is prior sexual history,

discreditable conduct, or any of the myriad of evidentiary issues that are routinely in

issue in such cases.

That is why this book is an important tool in the analysis of the prosecution or de-

fence of sexual oences.

There are some important new features in the second edition. There is a new chap-

ter dealing with cross-examination on private records that discusses the provisions of

the new regime under section278.92. In addition, the authors have added a section in

the chapter on evidentiary issues that deals with myths and stereotypes. This new

section covers improper myths and stereotypes in relation to the complainant as well

as the accused. Both types of errors often lead to reversal. And finally, the authors

have included a new chapter that deals with historical oences.

This new edition of the book is essential reading for any lawyer conducting a sexual

assault trial. It is methodical, pragmatic, and precise in its analysis of the central

issues that are often litigated in the context of sexual oences. Moreover, the fact that

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