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New trial ordered in sexual assault case due to errors in credibility evaluation

Monday, March 05, 2018 @ 3:19 PM | By Amanda Jerome

The Ontario Court of Appeal has ordered a new trial in a “he-said, she-said” date-rape case in a decision lawyers said highlights the difficulty courts have in credibility evaluations.

In R. v. Kiss 2018 ONCA 184, the court heard that the appellant, Andrew Kiss, met the complainant, K.S., at a university bar in 2012. After chatting over drinks, Kiss offered to walk K.S. home, which she agreed to.

According to court documents, the testimonies diverge after that as K.S. claimed there was non-consensual sex and Kiss...