21. An Equality-Oriented Approach to the Admissibility of Similar Fact Evidence in Sexual Assault Prosecutions
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27 septembre 2017
- handle: 10670/1.rbbn4m
- isbn: 9780776630441
- eisbn: 9780776626178
https://www.openedition.org/12554 , info:eu-repo/semantics/openAccess
Mots-clés
violence viol femmes agression sexuelle droit rape sexual assault violence law women Sociology SOC051000 JFFESujets proches
Criminal assault (Rape) Assault, Sexual Assault, Criminal (Rape) Nonconsensual sexual intercourse Sexual assaultCiter ce document
David M Tanovich, « 21. An Equality-Oriented Approach to the Admissibility of Similar Fact Evidence in Sexual Assault Prosecutions », Les Presses de l’Université d’Ottawa | University of Ottawa Press, ID : 10670/1.rbbn4m
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The power of rape mythologies to shape criminal law doctrine drives David Tanovich’s chapter, wherein he considers the rule of evidence that excludes from consideration by the judge or jury evidence of the accused’s “bad character,” even when it involves past sexually assaultive conduct that resulted in criminal conviction. This aspect of the criminal law governing sexual assault prosecution has not been the subject of feminist law reform in Canada, although Julia Tolmie’s chapter in Part I, “New Zealand’s Jane Doe,” describes one of the outcomes of several high profile prosecutorial failures in New Zealand as a renewed public debate on the issue of whether an accused’s criminal convictions for other sexual assaults should be withheld from judges and juries. In recognition of the role of gender bias in shaping the current law, and consistent with women’s equality rights, David proposes a nuanced new rule that would presumptively admit evidence of an accused’s past sexual misconduct in sexual assault prosecutions with some exceptions, including cases where systemic racism may operate against the accused person