How is credibility determined in a sexual assault trial?
Ontario, Canada
The following excerpt is from R. v. S.A., 2021 ONSC 7281 (CanLII):
The credibility of a witness is determined by addressing the credibility and reliability of a witness. Trial judges rely on several factors to assess the weight to be given to a witness’s evidence. Some of those factors are set out in Darkins v. Jones, 2020 ONSC 1299, at para. 11: 1. Does the evidence make sense? 2. Does the evidence have an internal consistency and logical flow? 3. Are there any prior inconsistencies, and if there are, how significant are they and are they adequately explained? 4. Is there independent confirming or contradicting evidence? 5. Is there an interest in the outcome or motivation to lie?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current sentencing range for an assault where the accused has pleaded guilty to a charge of assault, assault and sexual assault? (Ontario, Canada)
How have the courts treated the credibility of the complainant's evidence in a sexual assault trial? (Ontario, Canada)
In what circumstances will a court sentence an offender who sexually assaulted a 15 year old girl who was sexually assaulted by friends of her parents who plied her victim with alcohol? (Ontario, Canada)
How has the trial judge assessed the credibility of the complainant in a sexual assault case? (Ontario, Canada)
How has the trial judge determined the date of an alleged sexual assault? (Ontario, Canada)
What is the credibility of conflicting evidence in a sexual assault trial? (Ontario, Canada)
What is the appropriate sentence for a conviction of sexual interference in a sexual assault case? (Ontario, Canada)
What is the standard of conduct of a trial judge in a sexual assault case? (Ontario, Canada)
What is the test for determining custody and access in a sexual assault case? (Ontario, Canada)
What is the test for obtaining medical records and sexual activity records in a sexual assault case? (Ontario, Canada)
