Criminal Law Fundamentals Seminar: Issues in the Law of Sexual Assault

Overview

This course was intended for new judges who had already completed the training for newly appointed judges and for judges in general to review the fundamentals of the law of sexual assault.

Objectives

This seminar helped judges learn how to manage sexual assault trials through improved awareness of social context and the law. Judges examined key myths and stereotypes identified by appellate courts and Parliament, developed skills to ensure their decisions are supported by an understanding of the social context of sexual assault and improved their skills with reference to pre-trial motions, trial management and the conduct of sexual assault trials.

Summary

Faculty members present during this program included an academic expert and experienced trial judges. The seminar guided participants in considering the following: the development of the law of sexual assault in response to social realities and the recognition of myths and stereotypes; the legal requirements for consent, non-consent and honest belief in consent; the effective conduct of pre-trial motions involving sexual history evidence or third party records; assessing credibility; and delivering adequate reasons for judgment, orally or in writing.