What is the test for determining the reasonableness of a charge of sexual assault?
British Columbia, Canada
The following excerpt is from C.J.B. v A.R.B, 2018 BCSC 2256 (CanLII):
In determining the reasonableness of the charge, it is often helpful to have evidence directly from the witness. However, in the absence of such evidence, the registrar is entitled to rely on his or her experience in similar situations and, of course, on the evidence of counsel: Vincent v. Foster [1993] B.C.J. No. 455 varying in part [1992] B.C.J. No. 2494.
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