sexual assault, rape shield, abuse, sexual history, criminal law, Criminal Code, consent, credibility
In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.
Christine Boyle, "Sexual Assault in Abusive Relationships: Common Sense About Sexual History" (1996) 19:2 Dal LJ 223.