INTRODUCTION AND BRIEF DESCRIPTION
Evidence of sexual reputation cannot be used to challenge or support the credibility of a complainant in certain sexual offence proceedings.
SECTION WORDING
277 In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
EXPLANATION
Section 277 of the Criminal Code of Canada is a provision that aims to protect complainants of sexual offenses in court proceedings. In cases where an individual has been charged with sexual offenses such as sexual assault, sexual exploitation or child pornography, evidence of the complainant's sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting their credibility. The provision recognizes that evidence of sexual reputation is often irrelevant and prejudicial, especially when it is used to imply that the complainant's sexual history means they are less credible or more likely to have consented to the sexual activity at issue. This type of evidence has long been recognized as a form of "rape mythology" that perpetuates harmful stereotypes and myths about sexual assault. The exclusion of evidence of sexual reputation under Section 277 is not absolute, however. Exceptions may be allowed where such evidence is deemed relevant to an issue in the case and its probative value outweighs its prejudicial effect. Overall, the provision is a crucial safeguard for complainants of sexual offenses, who can feel deterred from reporting such crimes if they believe their sexual history will be used against them in court. By ensuring that evidence of sexual reputation is not admissible in certain cases, Section 277 enables complainants to feel more comfortable coming forward and contributes to a fairer legal system for all.
COMMENTARY
Section 277 of the Criminal Code of Canada has been established to ensure that justice is served without causing any further harm to victims of sexual offences. This code has been created with the intention of promoting fairness within the judicial system and preventing cases from being unfairly affected by any bias against a complainant's sexual reputation. The section enumerates the offences in which the sexual reputation of the complainant can't be used to either support or challenge their credibility. The section is critical to ensuring that the justice system remains free of any sexual stereotype, which has been a huge issue in the past. Sexual stereotype refers to any assumed or accepted characteristics of an individual, attributed to their gender or sexual orientation. Prior to the enactment of Section 277 of the Criminal Code of Canada, it was difficult to navigate the court system for victims of sexual offences as their sexual reputations would often be used to undermine their character and diminish the credibility of their claims. This led to victims being revictimized through the criminal trial process. The application of Section 277 has brought about positive changes. The sexual reputation of an individual should not be admissible when evaluating the credibility of their accounts, and this helps remove the bias that has often characterized sexual crime cases in the courtroom. This section is valuable for preserving the dignity of victims and maintaining the respect for the fairness of the judiciary system. Section 277 applies to numerous categories of sexual offences, with a focus on crimes such as sexual exploitation, sexual interference, and sexual assault, among others. The section is clear in that it bars the use of sexual reputation as evidence except in cases where the evidence is deemed necessary for proper conduct of the trial. This ensures that sexual reputation is never abused as a tool of prejudice against the complainant, or to manipulate the outcome of a trial. In conclusion, the importance of Section 277 of the Criminal Code of Canada cannot be overstated. It is designed to preserve the rights and dignity of complainants of sexual assault and prevent the misuse of sexual reputation as a weapon in the criminal justice system. While there are some situations in which it may be necessary to consider an individual's sexual reputation, this new section has significantly reduced the possibility of arbitrary rule and discrimination against victims. Overall a successful legal instrument towards promoting the rights and dignity of individuals.
STRATEGY
Section 277 of the Criminal Code of Canada has significant implications for the prosecution and defense of sexual assault cases. This section prohibits the use of sexual reputation evidence to challenge or support the credibility of the complainant in certain sexual offence cases. It is important for legal practitioners to understand the implications of Section 277 and develop effective strategies for dealing with this provision. One strategic consideration for the prosecution is that they must ensure that they have a strong case that based on evidence other than the sexual reputation of the complainant. The prohibition on using sexual reputation evidence under Section 277 makes it challenging for the prosecution to obtain a conviction solely based on the credibility of the complainant. Prosecutors must, therefore, have a detailed and compelling case based on physical evidence, eyewitness testimony, and other admissible evidence. They need to have a clear understanding of the law regarding other types of evidence that would support their case. On the other hand, the defence must develop strategies to challenge the credibility of the complainant without relying on sexual reputation evidence or any other prohibited evidence under Section 277. One approach is to scrutinize the complainant's testimony carefully and challenge any inconsistencies in their story, discrepancies in their accounts, or implausible statements. Defences should also ensure that other admissible evidence reflects in their favour, such as proving that the act did not take place. The defence team can produce their own witnesses who can testify that the complainant lacks credibility, has lied on other occasions, or has a history of making false allegations. Both parties should ensure they know the requirements of Section 277. The Criminal Code prohibits the use of sexual reputation evidence to challenge or support the credibility of the complainant. Therefore, parties must ensure that all evidence is admissible in the case and where it is not permitted or admissible, the parties must find alternative strategies to pursue. In conclusion, Section 277 of the Criminal Code has implications for prosecution and defence legal strategies in sexual assault cases. Prosecutors must build a compelling case based on evidence other than the sexual reputation of the complainant, while the defence must develop strategies to challenge the credibility of the complainant without relying on sexual reputation evidence. Both parties need to be knowledgeable of what is considered admissible and beyond reproach to successfully deal with Section 277.