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SCC okays limited use of sexual assault complainant’s prior consistent out-of-court statement to police

Thursday, May 17, 2018 @ 3:08 PM | By Cristin Schmitz

The Supreme Court of Canada has affirmed that when a sexual assault complainant’s testimony is challenged for inconsistency with her prior police statements the court can also take into account the consistent elements of her statements to help assess whether the inconsistencies are material or not.

The respondent Nova Scotia Crown has welcomed the guidance provided by Chief Justice Richard Wagner in his 4-1 oral ruling from the bench May 14, whereby the top court’s majority dismissed the as-of-right appeal of a Nova Scotia man convicted...