Preface

• Author: Brian H. Greenspan/Vincenzo Rondinelli/Daniel Brown/Jill Witkin
• Pages: 27-28

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Preface

Trials involving sexual oences are challenging for all parties involved. The victim is

expected to testify about embarrassing and emotional details, and cross-examination

can be lengthy. The accused faces the prospect of a significant jail sentence, collection

of DNA, compliance with the Sex Oender Registry, and the stigma that goes along

with being charged with a sexual oence. This is an intricate area of the law with num-

erous evidentiary rules unique to sexual oences. There is often no corroborative

evidence. There is often much public scrutiny. For lawyers and judges, these are the

cases that keep us up at night.

Crown and defence counsel each have a fundamental yet unique role in the criminal

justice system. The Crown is an advocate with an obligation to pursue justice and not

simply a conviction, and it needs to understand the legal and procedural landscape in

order to properly exercise its discretion and assess, shape, and present a prosecution.

Defence counsel has the duty to vigorously defend its client but must also know how

to present its case within the boundaries of what is ethically and legally permissible.

Most important, all counsel should understand how to run an error-free trial.

This book covers the anatomy of a sexual assault trial, from arrest right up to the

appeal. We cover the legal, evidentiary, and procedural issues encountered at each

stage of the process, including bail, publication bans, third-party and private records,

sexual history evidence of the complainant, consent, and expert evidence. We discuss

protections for victims and witnesses, including those emanating from the 2015 Can-

adian Victims Bill of Rights1 and from amendments to the Criminal Code2 in Bill C-51,

Bill C-75, and Bill S-12. This book also provides guidance on prosecuting and defending

historical sexual oence allegations. Throughout the book, we analyze case law and

relevant Criminal Code provisions against the backdrop of historical precedent and

social policy. Where appropriate, we oer practical and strategic advice for counsel.

We do not purport tobe exhaustive in any one area nor do we cover every possible

issue that could arise. Our goal is to adequately resource those who practise in the area

of sexual oences.

1 SC 2015, c 13, s 2.

2 RSC 1985, c C-46.

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