What is the credibility of a witness in a sexual assault case?

British Columbia, Canada


The following excerpt is from Rattu v. Bains, 1999 CanLII 5424 (BC SC):

O'Halloran J.A., in Faryna v. Chorny, [1951] 4 W.W.R. (NS) (B.C.C.A.) 171 at 174 said: The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions. Only thus can a court satisfactorily appraise the testimony of quick-minded, experienced and confident witnesses, and of those shrewd persons adept in the half-lie and of long and successful experience in combining skilful exaggeration with partial suppression of the truth.

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 assessing the credibility of a witness in a sexual assault case? (British Columbia, Canada)
What is the test for determining the credibility of a witness 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 credibility of a witness in a sexual assault case? (British Columbia, Canada)
What is the test for determining the credibility of a witness's testimony in a sexual assault case? (British Columbia, Canada)
What is the current state of the law on credibility of witnesses in a sexual assault case? (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 test of credibility of a witness 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.