INTRODUCTION AND BRIEF DESCRIPTION
This section abolishes the rules regarding evidence of recent complaint for specified sexual offences under the Criminal Code of Canada.
SECTION WORDING
275 The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273.
EXPLANATION
Section 275 of the Criminal Code of Canada is a legal provision that eliminates the admissibility of evidence related to recent complaints in sexual offences cases. According to this section, rules related to evidence of recent complaints are no longer applicable in cases involving offences under various sections of the Criminal Code, including sexual assault, sexual interference, invitation to sexual touching, and sexual exploitation. The admissibility of evidence related to recent complaints in sexual offence cases has been a contentious issue in criminal trials. In the past, prosecutors have used evidence of recent complaints to bolster the credibility of an accuser's testimony and establish a pattern of behavior by the accused. However, this approach has been criticized for potentially unfairly bolstering the credibility of the accuser by allowing the jury to consider uncorroborated evidence. Section 275 of the Criminal Code removes the potential for this type of evidence to influence the outcome of a trial. While some have criticized the provision for potentially allowing perpetrators to go free due to the lack of corroborating evidence, others argue that it is a necessary step to protect the rights of the accused and ensure a fair trial. In summary, section 275 of the Criminal Code of Canada is an important provision that limits the admissibility of evidence related to recent complaints in cases involving sexual offences. The provision seeks to balance the rights of the accused with the need to ensure accountability for sexual violence.
COMMENTARY
Section 275 of the Criminal Code of Canada is a provision that abolishes the rules governing the admission of evidence of recent complaint in cases related to various sexual offences. This section removes an important tool that can be used to strengthen the prosecution of these offences and provides a significant challenge to survivors seeking justice for the harm they have experienced. The admission of evidence of recent complaint is a vital aspect of cases involving sexual offences. It allows a complainant to provide evidence of past disclosures to others, including friends, family, or professionals, which can corroborate their account of the offence. The evidence of a recent complaint can also be considered as a form of corroboration, enhancing the overall strength of the prosecution case. The use of this evidence has been shown to increase the chances of conviction, mitigate the effects of sexual trauma on the individual, and reduce the negative effects of adversarial legal processes. The abrogation of the rules relating to evidence of recent complaint in cases of sexual offences under sections 151, 152, 153, 153.1, 155, 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272, and 273 is a significant setback in the fight against sexual violence. It renders the complainant's testimony the only source of evidence, making it more difficult to establish the truthfulness and reliability of their account. This section offers more challenges to the complainant in sexual violence cases. For example, it could increase their fear of reporting, Given that evidence of recent disclosures can no longer be presented in court, many complainants may be reluctant to disclose their experience of sexual abuse or harassment, considering that it could serve no purpose, or be an additional source of trauma. This fear of not being believed could prevent some victims from bringing their cases to trial, leading to reduced accountability for perpetrators. Furthermore, the abrogation of this provision could increase the possibility that juries will rely on misguided 'assumptions' about the behavior of those who have experienced sexual violence. This could affect the overall impartiality of the court, leading to biases, assumptions, and misunderstandings in the case, which, if left unchecked, could prevent survivors from receiving a just verdict. In conclusion, section 275 of the Criminal Code of Canada is a provision that abolishes the rules governing the admission of evidence of recent complaint in sexual offence cases. This is a provision that, while ostensibly aimed at providing more protection for the accused, creates significant challenges for survivors of sexual violence seeking accountability and justice. It is important for lawmakers to continually assess the effectiveness of existing provisions and seek to ensure that all victims, survivors, and individuals affected by sexual violence receive access to justice in a way that is safe, fair, and equitable.
STRATEGY
Section 275 of the Criminal Code of Canada is a provision that is critical to the effective prosecution of certain offences, including sexual assault, sexual exploitation, and child pornography. This provision abrogates the common law rules relating to evidence of recent complaint, which allowed a complainant to testify about a complaint made shortly after the alleged offence occurred. One of the key strategic considerations when dealing with Section 275 is to recognize the potential impact of the provision on the prosecution's case. Without the ability to rely on evidence of recent complaint, the prosecution may have a harder time proving that a sexual offence occurred, especially if the complainant did not report the incident immediately or if there are no other witnesses or physical evidence. One strategy that could be employed by the prosecution is to build a strong case that does not rely solely on evidence of recent complaint. This could involve gathering additional evidence, such as medical evidence, witness statements, or digital evidence such as text messages or social media communications. By presenting a more robust case, the prosecution may be able to convince the trier of fact that the offence occurred, even without evidence of recent complaint. Another strategy that could be employed is to challenge the applicability of Section 275 altogether. While Section 275 applies to a range of sexual offences, there may be arguments that certain types of offences are not covered by the provision. For example, an argument could be made that evidence of recent complaint should be admissible in cases where the complainant is a child, as the common law recognized that children may be more likely to delay reporting. This type of argument will depend on the specific circumstances of the case and the relevant case law. Defence counsel, on the other hand, may seek to rely on Section 275 to exclude evidence of recent complaint. One strategy that could be employed is to challenge the admissibility of any evidence that is not directly connected to the specific offence at issue. For example, defence counsel may argue that evidence of previous complaints (which may be admissible under the common law rule) should be excluded as not relevant to the specific offence charged. Defence counsel may also seek to undermine the complainant's credibility by suggesting that he or she delayed reporting the incident for an improper motive, such as a desire for attention or revenge. This may involve cross-examining the complainant on his or her previous statements or actions that could support such a motive. Overall, Section 275 of the Criminal Code of Canada is a provision that requires careful consideration by both the prosecution and defence. By understanding the potential impact of the provision and developing effective strategies for dealing with it, counsel can best serve their clients' interests and ensure a fair trial.