What is the test for admissible evidence in a sexual assault case?

9. It would have been otherwise, having regard to the particular circumstances, if for example the earlier rape had been similar in that the accused had alleged a belief in consent in similar circumstances. That evidence would then be led to counter the credibility of the accused in his defence of an honest mistake as to consent, and as such would be admissible, subject of course to the court balancing its probative value as evidence against the obvious damage caused the accused by evidence of a prior record for rape (see Sweitzer v. The Queen, 1982 CanLII 23 (SCC), [1982] 1 S.C.R. 949). In the present case however, there is nothing to indicate that the accused alleged a mistake as to his victim's consent in the earlier incident. The evidence of the earlier incident is therefore clearly not admissible.