Sexual Assault in Abusive Relationships: Common Sense About Sexual History

Christine Boyle

Sexual Assault in Abusive Relationships: Common Sense About Sexual History

Christine Boyle

Dalhousie Law Journal

University of British Columbia

Research output: Contribution to journal › Article

Abstract

In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.

Original language	Canadian English
Journal	Dalhousie Law Journal
Issue number	2.0
Publication status	Published - Oct. 1 1996

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

sexual assault
rape shield
abuse
sexual history
criminal law
Criminal Code
consent
credibility

Disciplines

Criminal Law

Access to Document

13 19DalhousieLJ22328199629Final published version, 1.36 MBLicence: Unspecified

Cite this

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AB - In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.

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KW - rape shield

KW - abuse

KW - sexual history

KW - criminal law

KW - Criminal Code

KW - consent

KW - credibility

UR - https://digitalcommons.schulichlaw.dal.ca/dlj/vol19/iss2/1

UR - https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=1737&context=dlj

M3 - Article

JO - Dalhousie Law Journal

JF - Dalhousie Law Journal

IS - 2.0

ER -

Sexual Assault in Abusive Relationships: Common Sense About Sexual History

Abstract

UN SDGs

Keywords

Disciplines

Access to Document

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