What is the current state of the law on the W(D) instruction in sexual assault cases?

At the same time, the statement is too broad. As noted in R v. Gray, 2012 ABCA 51, the W(D) instruction only applies to exculpatory evidence, not evidence that is inculpatory or neutral. A jury may believe the accused’s testimony about his antecedents – married, with two children, employed as a welder – and his activities on the day in question until the time of the offence, but then totally disbelieve the exculpatory evidence that he was not involved in the crime. It is only the latter evidence to which the instruction applies and failure to make that clear may leave the jury confused.