Ontario Court of Appeal overrules sexual-assault conviction over misuse of testimony

This translation has been automatically generated and has not been verified for accuracy.A sexual-assault complainant’s previous statements about an alleged incident should not be used later in court to show that her testimony is true, Ontario’s highest court said on Monday in throwing out a conviction against a man involving his former partner.

“The overwhelming danger is that a trier of fact [a judge or jury] may improperly use the mere repetition of a statement as a badge of testimonial trustworthiness,” Justice Gary Trotter of the Ontario Court of Appeal wrote in a 3-0 ruling released on Monday. D.K. said the charge was a “recent fabrication” from a woman who was applying for compensation for her injuries from a provincial agency for crime victims. His defence lawyer said the court could use the prior consistent statement only to rebut the recent-fabrication argument.

Correct

Good ruling Evidence defined by the rules of the court should always supersede pressure form activists

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