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. The complexity of the prosecution

and defence of sexual oences 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 applicability

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 evidence 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. Generalized assertions surrounding

credibility or consent as the fact in issue are unlikely to result in the forensic analysis

required to eectively prosecute or defend such cases. Understanding the parameters

of a case, the relevant issues, the prosecution theory, and the defence is essential to

beginning to understand that case. Generic 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 third edition. Most significantly, the

authors have included a chapter on sexual assault appeals that deals with the most

commonly raised issues, as well as an analysis of some of the most significant cases

from the Supreme Court of Canada. In addition, the evidentiary chapter has been

expanded to consider the developing law on rape myths and stereotypical reasoning.

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 the

guidance comes from an author team that includes a former prosecutor and a defence

lawyer makes it that much more valuable; it is even-handed and forensic. The book

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