The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. (THE CANADIAN PRESS/Sean Kilpatrick)

Canada’s top court orders new trial over ‘friends with benefits’ claim in sex assault case

A complainant’s sexual history can’t ordinarily be used as evidence unless directly relevant to a charge

Canada’s top court says an Edmonton man shouldn’t have been able to tell a jury that he was in a “friends-with-benefits” relationship with an alleged sexual assault victim.

Patrick John Goldfinch was charged in 2014 with assaulting a woman he once lived with, but was acquitted by a jury.

A complainant’s sexual history can’t ordinarily be used as evidence unless it’s directly relevant to the charge.

The trial judge allowed the information over concerns that jurors would have thought the relationship was platonic — a decision that the majority of the Alberta Court of Appeal disagreed with and ordered a new trial.

The Supreme Court of Canada agrees with the Alberta Court of Appeal, and is ordering a new trial.

ALSO READ: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

In a 6-1 ruling this morning, the court says the evidence was only used to suggest that the alleged victim was likely to consent to sex with Goldfinch because she had consented in the past, which isn’t allowed under the “rape-shield” law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Delay more determined than ever after strongman nationals

He said every single lift was a personal record for him at the event

Bella Coola enjoys successful 2019 tourism season

The addition of the Northern Sea Wolf saw a big boost in this year’s tourism numbers

CCRD attends annual UBCM conference

Ocean Falls, health care, and transportation all brought forth

Terrace Search and Rescue headquarters gets $100K boost from Prince Rupert Port Authority

Investment to help grow regional response capacity in Northwest B.C.

Northern Sea Wolf Wednesday sailing delayed

Adverse weather will lead to a late night arrival for passengers

VIDEO: U.S. officials refute British couple’s ‘accidental’ border-crossing claim

Authorities say couple was arrested after illegal entry from B.C., with $16,000 and marijuana

Woman, 24, faces life-altering injuries after being dragged 4 blocks by vehicle in Vancouver

A gofundme account says the woman will have to undergo multiple complex surgeries

Fatal overdoses down by 33% in B.C., but carfentanil deaths continue to spike

Carfentanil, an illicit drug more powerful than fentanyl, causing more deaths than ever

A year after pot legalization in Canada, it’s a slow roll

It’s one year into Canada’s experiment in legal marijuana, and hundreds of legal pot shops have opened

ELECTION 2019: Climate strikes push environment to top of mind for federal leaders

Black Press Media presents a three-part series on three big election issues

ICBC willing to loosen grip on driver claim data, David Eby says

Private insurers say claims record monopoly keeps them out

B.C. principal suspended for failing to help student who reported inappropriate touching

Principal didn’t remove student from the teacher’s class nor call the parents within a reasonable time

Most Read