How have the courts treated the credibility of the complainant's evidence in a sexual assault trial?
Ontario, Canada
The following excerpt is from R. v. D.H., 2016 ONCA 569 (CanLII):
One way the trial judge avoided the need to resolve some of the problems she perceived with the credibility of the complainant’s evidence, including when it conflicted with her mother’s evidence, was by discounting them as referable to peripheral matters, as a trial judge is entitled to do: R v. W. (R.), 1992 CanLII 56 (SCC), [1992] 2 S.C.R. 122, at pp. 134, 135-36.
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