What is the test for admitting evidence of improper sexual activity in a sexual assault case?

British Columbia, Canada


The following excerpt is from R. v. D. (L.E.), 1987 CanLII 2536 (BC CA):

In Guay v. R., 1978 CanLII 148 (SCC), [1979] 1 S.C.R. 18, 6 C.R. (3d) 130, 42 C.C.C. (2d) 536, 89 D.L.R. (3d) 532, 23 N.R. 451 [Que.], Pigeon J., delivering the judgment of the court, said (at p. 32): On the admissibility of similar fact evidence, I think it should be said that it is essentially in the discretion of the trial judge. In exercising this discretion, he must have regard to the general principles established by the cases. There is no closed list of the sort of cases where such evidence is admissible. It is, however, well established that it may be admitted to rebut a defence of legitimate association for honest purposes, as well as to rebut evidence of good character. Where the evidence is admissible on the first mentioned basis, it may be admitted as part of the case for the prosecution.

Other Questions


Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the test for admitting fresh evidence in a sexual assault case? (British Columbia, Canada)
What is the legal test for admitting fresh evidence in a sexual assault case? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for admitting a breath sample as evidence in a sexual assault case? (British Columbia, Canada)
What is the test for admitting fresh evidence at the Court of Appeal of Appeal in a sexual assault case? (British Columbia, Canada)
What is the standard for determining whether to accept or reject evidence in a sexual assault case? (British Columbia, Canada)
What is the test for conscriptive evidence in a sexual assault case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.