Memory loss did not undermine credibility on crucial issue of consent

Ontario criminal | Appeal

GROUNDS

Memory loss did not undermine credibility on crucial issue of consent

Appeal by accused from his conviction for sexual assault and for breach of probation. Complainant attended concert when she was intoxicated. Her recollection of events was problematic because of her drunkenness but she recalled lying on ground with her pants down and accused was on top of her and he penetrated her vaginally. She also testified that co-accused penetrated her vaginally. Complainant’s evidence was unclear as to her memory gaps. Accused did not testify but co-accused did and he claimed that sexual relations were consensual. Co-accused did not appeal his conviction. Trial judge accepted complainant’s evidence and rejected co-accused’s testimony. Trial judge did not expressly deal with effect of complainant’s memory gap on her credibility. However, he dealt with her credibility and her reliability and his reasons responded to real issues in this case. Memory gap was not issue in this case because complainant, who earlier flirted with both accused clearly expressed her lack of consent and memory loss did not undermine her credibility on crucial issue of consent.
R. v. Rand (Oct. 30, 2012, Ont. C.A., Rosenberg, Blair and Tulloch JJ.A., File No. CA C53113) 104 W.C.B. (2d) 10.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Housing supply needs more public-private collaboration, less red tape, say lawyers

Judicial vacancies holding up construction litigation: litigators

With new federal funding Pro Bono Ontario expanding program for Ukrainian nationals across Canada

Ontario Court of Appeal resolves access rights between parents and maternal grandparents

Ontario Court of Appeal upholds dismissal of statute-barred personal injury claim

Ontario Superior Court rules on admissibility of jury questions in vehicle accident case

Most Read Articles

Ontario Court of Appeal resolves access rights between parents and maternal grandparents

Judicial vacancies holding up construction litigation: litigators

Ontario Court of Appeal upholds dismissal of statute-barred personal injury claim

With new federal funding Pro Bono Ontario expanding program for Ukrainian nationals across Canada