Diana Davison RSS

Obtaining and verifying consent is a crucial and nuanced process that requires care, respect, and clear communication to avoid misunderstandings and potential legal consequences Questions to inspire discussion Consent Basics 🤝 Q: How should consent be communicated during sexual encounters? A: Consent must be communicated at the time of each sexual act, not just once, and can be expressed through words or actions, not necessarily verbal enthusiastic consent. 🧠 Q: Who determines if consent was given? A: Consent is subjective to the complainant's state of mind, as only the complainant can know their own state of mind during the encounter....

In sexual assault cases, a defendant's claim of "honest but mistaken belief" of consent is only valid if they took reasonable steps to confirm consent, and this requirement can have implications for how burden of proof is understood and applied   Questions to inspire discussion Legal Framework 🔍 Q: What is the "honest but mistaken belief in communicated consent" defense? A: It's a structured defense codified in Section 273.2(b) of the Criminal Code, requiring the defendant to prove they reasonably believed the complainant communicated consent through words or conduct and took reasonable steps to confirm it. ⚖️ Q: How does...

Police interrogations can violate a person's rights and involve coercive techniques that may lead to false confessions, highlighting the importance of protecting individual rights and ensuring that interrogations are conducted within constitutional limits   Questions to inspire discussion Right to Silence 🤐 Q: What is the fundamental right to silence in Canada? A: The right to remain silent when questioned by police is protected by Section 7 of the Charter, tied to the presumption of innocence and protection from self-incrimination. 🚗 Q: Are there exceptions to the right to silence? A: You must provide information in specific scenarios like operating...

Character evidence in sexual assault and domestic abuse cases is complex and often inadmissible, requiring careful consideration to ensure fair trials while balancing the relevance and prejudicial impact of such evidence   Questions to inspire discussion Evidence in Sexual Assault Cases 🔍 Q: How effective is good character evidence in sexual assault trials? A: Good character evidence is of exceptionally limited value in sexual assault cases, rarely proving or disproving what happened behind closed doors. ⚖️ Q: What are the risks of introducing good character evidence? A: Introducing good character evidence can backfire by allowing the crown to bring in...

False sexual assault allegations can occur and must be objectively investigated, as evidenced by cases where video and phone evidence contradicted claims, highlighting the complexities and challenges in addressing such allegations   Questions to inspire discussion Evidence and Investigation 🔍 Q: How can dash cam footage and phone records impact a sexual assault case? A: Dash cam footage and phone records can critically undermine a complainant's testimony by providing objective evidence that contradicts their account, as seen in a case where footage showed the accused being waved in, another person entering during the alleged assault, and a timeline inconsistent with...