Supreme Court of Newfoundland and Labrador Education Seminar 2018 (November)
Sexual assault trials require a delicate balancing of competing rights in an evolving social context. They raise difficult questions about the use of appropriate inferences vs. inappropriate myths and stereotypes, consent and mistaken belief in consent, third party records, prior sexual experience evidence and sufficiency of reasons. With the assistance of expert faculty, this two-day program explored these difficult questions and challenges and provided participants with training about substantive and procedural law in sexual assault trials within both the confines of the law and an enriched understanding of social context.
Number of Participants: 28
Overview
Sexual assault trials require a delicate balancing of competing rights in an evolving social context. They raise difficult questions about the use of appropriate inferences vs. inappropriate myths and stereotypes, consent and mistaken belief in consent, third party records, prior sexual experience evidence and sufficiency of reasons. With the assistance of expert faculty, this two-day program explored these difficult questions and challenges and provided participants with training about substantive and procedural law in sexual assault trials within both the confines of the law and an enriched understanding of social context.
Objectives
The objectives of this seminar were to enhance awareness of the law in regards to consent, third party records, prior sexual experience evidence, and sufficiency of reasons, with an enriched understanding of social context, and to develop skills in managing sexual assault trials.
Summary
Experienced judges, senior practitioners, and legal academics led the seminar through the use of a combination of presentations, case studies, and interactive questions and answers. Participants explored the following topics: appropriate inferences vs. inappropriate myths and stereotypes, consent and mistaken belief in consent, third party records, prior sexual experience evidence, sufficiency of reasons and the Bill C-51 amendments to the Criminal Code. At the end of the seminar, participants had an opportunity to discuss family issues related to the amendments to the Divorce Act and related legislation.