In what circumstances will juries be able to read, retain and apply the evidence in the context of sexual assault cases?
British Columbia, Canada
The following excerpt is from Reischer v. Love & ICBC, 2005 BCSC 1352 (CanLII):
In conclusion, I adopt and apply to the circumstances of these cases the observation made by McKenzie J. in MacKinnon v. Ebner (supra) that juries are sophisticated enough today that, with the assistance of counsel and instructions of the trial judge, they will not find this evidence beyond their abilities to comprehend, retain and apply.
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