The Trial of Sexual Offence Cases, Second Edition

Mona Duckett; The Honourable Judge Frank Hoskins; Madam Justice Michelle Fuerst

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The Trial of Sexual Offence Cases, Second Edition is a guide for Crown counsel, defence counsel, and judges in cases of sexual assault or any of the related sexual offences.

The Trial of Sexual Offence Cases, Second Edition is a basic guide to the relevant issues and authorities of which Crown counsel, defence counsel, and judges should be aware in cases of individuals charged with sexual assault or any of the related sexual offences. This manual is intended to be a starting point and quick reference source. The authors draw upon their extensive experience to provide step-by-step guidance for both Crown and defence, from the initial client interview to the completion of the proceedings in the criminal justice system, including sentencing. Among the topics addressed are the factors to consider, and procedures involved, in making a Seaboyer application, the topic of child witnesses, expert witnesses, third-party record applications, and publication bans. For ease of reference, the relevant statutory provisions, including those no longer in force that may apply in cases of delayed complaints, are set out in the Appendices. Also included in the Appendices are excerpts from Watt's Manual of Criminal Jury Instructions, Second Edition.

New in this edition

New and updated contents in this edition include:

  • A new chapter on human trafficking
  • Updates throughout the publication to reflect jurisprudential developments such as:
    • New Supreme Court of Canada and provincial appellate level authorities clarifying the scope of consent, vitiation of consent including due to fraud (non-disclosure of HIV status) or bodily harm or incapacity, and the requisite elements to the mistaken belief in age defence
    • Recent provincial appellate level authorities regarding the application and scope of s. 276 of Criminal Code, including additional and recent examples of admissible and inadmissible evidence
    • Decisions regarding the importance of avoiding the stereotypes and myths in assessing of evidence during sexual assault trials


Practice Area:
Criminal Law and Procedure


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