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

Precipitation levels low for the month of June

Both June and July have seen low to average precipitation levels in comparison to last year, says meteorologist

CN train derailment cleared between Terrace and Prince Rupert

The CN mainline is now open, following a train derailment mid-way between… Continue reading

Nechako Valley Otters bringing home multiple medals from swim meets

The next meet for the Nechako Otters is on July 21 and 22

State of local financial crisis declared in Fort St. James

The District will have a job fair on July 31 to help workers find transitioning jobs

Regional real estate sales down so far in 2019

Real estate sales in the northwest and Bulkley-Nechako regions of British Columbia… Continue reading

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

Canadian high school science courses behind on climate change, says UBC study

Researchers found performance on key areas varies by province and territory

Six inducted into BC Hockey Hall of Fame

The 26th ceremony in Penticton welcomed powerful figures both from on and off the ice

RCMP investigate two shootings in the Lower Mainland

Incidents happened in Surrey, with a victim being treated at Langley Memorial Hospital

CRA program to help poor file taxes yields noticeable bump in people helped

Extra money allows volunteer-driven clinics to operate year-round

Recall: Certain Pacific oysters may pose threat of paralytic shellfish poisoning

Consumers urged to either return affected packages or throw them out

How a Kamloops-born man helped put us on the moon

Jim Chamberlin did troubleshooting for the Apollo program, which led to its success

Sexual harassment complaints soaring amid ‘frat boy culture’ in Canada’s airline industry

‘It’s a #MeToo dumpster fire…and it’s exhausting for survivors’

Most Read