The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. (THE CANADIAN PRESS/Sean Kilpatrick)

Canada’s top court orders new trial over ‘friends with benefits’ claim in sex assault case

A complainant’s sexual history can’t ordinarily be used as evidence unless directly relevant to a charge

Canada’s top court says an Edmonton man shouldn’t have been able to tell a jury that he was in a “friends-with-benefits” relationship with an alleged sexual assault victim.

Patrick John Goldfinch was charged in 2014 with assaulting a woman he once lived with, but was acquitted by a jury.

A complainant’s sexual history can’t ordinarily be used as evidence unless it’s directly relevant to the charge.

The trial judge allowed the information over concerns that jurors would have thought the relationship was platonic — a decision that the majority of the Alberta Court of Appeal disagreed with and ordered a new trial.

The Supreme Court of Canada agrees with the Alberta Court of Appeal, and is ordering a new trial.

ALSO READ: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

In a 6-1 ruling this morning, the court says the evidence was only used to suggest that the alleged victim was likely to consent to sex with Goldfinch because she had consented in the past, which isn’t allowed under the “rape-shield” law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

BC Children’s Hospital fundraiser held on weekend

Locals came out in large numbers to support the event

Nechako Valley Vikings taking on the Prince George Polars this Friday

The local high school football team are the top seed in the Northern Conference double-A varsity standings

Junior boys cross country team from NVSS win big at Dawson Creek meet

Zones were held in Dawson Creek on Oct. 19 and 20

New regional training centre for firefighters in Fraser Lake

The centre boasts of a Live Fire Burn Building

Second young woman dies after rollover crash near Williams Lake

‘Someone’s going to get her heart, which is awesome, because she has the best heart in the world’

Google searches for ‘how to vote’ surge on Election Day

Interest spikes despite social media campaign by Elections Canada

Alberta man pleads guilty, fined for hunting without a licence in North Island

It’s the responsibility of each hunter or angler to know whether they are considered a B.C. Resident.

B.C. mayor apologizes for removal of Queen’s portrait from council chambers

‘I prefer to be inclusive of the many aspects of our history’

Alcohol a possible factor in crash that killed 17-year-old girl near Williams Lake

A pickup truck left the road and rolled over on Highway 20 on the weekend

Rare bird spotted in Victoria draws enthusiasts from across the continent

It’s the first time a yellow-browed warbler has been reported on the mainland of North America

B.C. woman must pay $1,000 after unleashed dog bites another

Owner should never have left Bibi unattended, tribunal member wrote

Climate activist Greta Thunberg’s mural defaced in Edmonton

The eyes on the portrait were blacked out

Most Read