R. v. Darrach
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R. v. Darrach, [2000] 2 S.C.R. 443, 2000 SCC 46, is a leading case decided by the Supreme Court of Canada on the constitutionality of the criminal code's rape shield law. the Court upheld the law
[edit] Background
In 1994 Andrew Darrach, an Ottawa resident, was charged with sexually assaulting his ex-girlfriend. At trial he attempted to introduce evidence of his ex-girlfriend's sexual history. After a voir dire, required under the rape shield law in section 276 of the Criminal Code to consider whether the evidence is admissible, the judge refused to admit it. Darrach was sentenced to nine months in jail.
Darrach argued that he was denied a fair trial as he was unable to present evidence that he mistakenly believed that the ex-girlfriend had consented. He also argued that it violated his right against self-incrimination by requiring him to testify.
[edit] Opinion of the Court
Justice Gonthier, writing for a unanimous Court, upheld the criminal code provisions. He found that requiring the claimant to testify would be unnecessarily invasive and would discourage victim from reporting such incidents.
[edit] External links
- Full text of Supreme Court of Canada decision available at LexUM and CanLII.
