JR: Myths, Stereotypes and Sexual Assault (20mins)

In Case Comments, Credibility, Criminal Law, Evidence Law, Sexual Assault by Peter Sankoff

In this video blog, I examine the recent decision of R v JR, 2016 ABQB 414, a decision that got considerable media coverage. The judgment of Topolniski J. overturns an acquittal from the Alberta Provincial Court, and in the process, explores key issues in the law of sexual assault, including how a complainant’s credibility should be assessed, what constitutes consent, and how we treat the “reasonable steps” obligation in s. 273.2(b) of the Code. I comment on all these issues, and also address the decision to impose a conviction rather than send the case back for a new trial.