Sexual Assault Trials Video Series

Overview

These video-based programs provide judges with a full overview of the issues involved in sexual assault trials.

Objectives

The videos allow judges to stay up-to-date on the issues surrounding sexual assault trials.

Summary

Four videos were made available in 2017-18:

• An overview of the primary physical and mental elements for sexual assault offences, as well as various aggravated versions of this crime. The lecture addresses the importance of distinguishing between the physical and mental elements and avoiding common pitfalls in assessing and determining culpability.
• A lecture on Criminal Code provisions and the case law on consent and non-consent; how the definition of consent has changed over time and implications for criminal culpability; what evidence may be relevant to the issue of consent; and circumstances in which a person may be incapable of consenting.
• A lecture on the Criminal Code / Mills regime governing the production and disclosure of private records in sexual offence prosecutions. The lecture was designed to help judges understand the purpose and scope of the regime and prompt them to think about how they would apply it in common scenarios.
• A session with three experienced jurists about rape myths and stereotypes. These experienced jurists discuss how these myths and stereotypes can become apparent during any part of the judicial exercise – cross-examination, submissions from counsel, jury instructions, or judicial reasoning. They provide advice on how to address these myths and stereotypes and consider why they persist in the face of legislative change.