Supreme Court: sexual history evidence admissible in some trafficking cases
Canada's Supreme Court upheld an order for new trials in a human trafficking case, ruling sexual history evidence can be relevant outside the rape shield law.
Supreme Court rules sexual history evidence relevant in trafficking and sexual services cases
Canada's Supreme Court upheld an order for new trials Friday for two men accused of acting as pimps, finding they should have been permitted to cross-examine a complainant about the commercial aspects of her prior sex work, cp24.com reports.
The unanimous decision examined section 276 of the Criminal Code — the rape shield law — which restricts how evidence of a complainant's sexual history may be used in court. The law aims to prevent "twin-myth" reasoning: the notion that prior sexual behaviour indicates a greater likelihood of consent, or that it undermines a complainant's credibility.
The two individuals faced human trafficking and sexual services charges connected to their relationship with the complainant. Those offences are not among the charges listed in section 276.
Justice Mary Moreau, writing for the court, found that section 276 does not categorically apply to human trafficking or sexual services offences, and that sexual history evidence can be relevant in certain circumstances.
"While evidence of a complainant's prior sex work should not be adduced to show a propensity to engage in sex work or sexual activity generally, such evidence may be relevant for other legitimate inferential purposes, as in the instant case," Moreau wrote.
The evidence at issue, she said, "related to the commercial nature of the complainant's work, not its sexual nature, and it was being proffered to suggest that the complainant previously pursued work in the sex trade voluntarily, as opposed to being lured or exploited by the accused into working in the industry."
Moreau noted it falls to the courts to "balance the elimination of myths and stereotypes in sexual offence cases with the accused's right to full answer and defence."
The two men were initially acquitted of human trafficking in 2020 but convicted of advertising, procuring and receiving material benefit from sexual services. The Ontario Court of Appeal granted their appeal in 2024 and ordered a new trial on the sexual services offences. The Crown subsequently appealed that ruling to the Supreme Court.
With Friday's decision, the order for new trials stands.
Source: Google News CA — Crime (EN)