What is the test for acceptance of an allegation of sexual assault in a criminal trial?
British Columbia, Canada
The following excerpt is from R. v. Caplette, 2021 BCPC 294 (CanLII):
I am also aware as I approach my analysis that criminal trials, particularly ones such as this that involve opposing accounts, are not credibility contests. In other words, the rejection of the accused’s account does not lead inevitably to acceptance of the complainant’s. In R v. E.A.G., 2020 BCSC 1691, Warren J. provided this helpful commentary:
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