What is the test for sexual activity in a sexual assault case?

It is trite law, but no such “sexual activity” evidence is permitted if the purpose is to support an inference that because of it the complainant either “is more likely to have consented to the sexual activity that forms the subject matter of the charge or is less worthy of belief” (s. 276 (1) (a) (b)). Those are known as the “twin myths”. Such evidence is not probative of consent or credibility and therefore not relevant considerations (R v. Darrach 2000 SCC 46).