The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. (THE CANADIAN PRESS/Sean Kilpatrick)

Canada’s top court orders new trial over ‘friends with benefits’ claim in sex assault case

A complainant’s sexual history can’t ordinarily be used as evidence unless directly relevant to a charge

Canada’s top court says an Edmonton man shouldn’t have been able to tell a jury that he was in a “friends-with-benefits” relationship with an alleged sexual assault victim.

Patrick John Goldfinch was charged in 2014 with assaulting a woman he once lived with, but was acquitted by a jury.

A complainant’s sexual history can’t ordinarily be used as evidence unless it’s directly relevant to the charge.

The trial judge allowed the information over concerns that jurors would have thought the relationship was platonic — a decision that the majority of the Alberta Court of Appeal disagreed with and ordered a new trial.

The Supreme Court of Canada agrees with the Alberta Court of Appeal, and is ordering a new trial.

ALSO READ: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

In a 6-1 ruling this morning, the court says the evidence was only used to suggest that the alleged victim was likely to consent to sex with Goldfinch because she had consented in the past, which isn’t allowed under the “rape-shield” law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Nanaimo baseball stadium lighting project costs increasing by $350,000

Finance committee recommends LED lights at Serauxmen Stadium

Tribal Journeys go through Snaw-Naw-As, Snuneymuxw, Stz’uminus territory

Paddlers now in Ladysmith en route to final stop in Lummi, Wash.

Nanaimo-Opoly will let board game players deal Harbour City properties

Victoria’s Outset Media and Walmart Canada partner on local edition of popular game

Nanaimo RCMP arrest individual in connection with stolen e-bike

Arrest made following traffic stop on July 12

Man who pleaded guilty to beating over drug debt sees nine-year jail sentence

Colin Damen Gary Lamontagne sentenced in B.C. Supreme Court in Nanaimo

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

World’s fastest bathtub racer to be determined this weekend in Nanaimo

Great International World Championship Bathtub Race caps full weekend of downtown events

Beefs & Bouquets, July 18

To submit a beef or a bouquet to the Nanaimo News Bulletin, e-mail bulletinboard@nanaimobulletin.com

Celebrity adds star power to Green Party town hall in Nanaimo

Pamela Anderson attended with representatives from U.S.-based environmental group

Body, burning truck found near northern B.C. town

RCMP unsure if the two separate discoveries are related

Couple found dead along northern B.C. highway in double homicide

Woman from the U.S. and man from Australia found dead near Liard Hot Springs

UPDATE: West Kelowna fawn euthanized, not claimed by sanctuary

Gilbert the deer has been euthanized after a suitable home was not found in time

BC Wildfire Service warns wet weather no reason to be complacent

Fire risk currently low for much of B.C. compared to same time over last two years.

Bank of Canada lowers qualifying rate used in mortgage stress tests

Home sales softened last year after the federal government introduced new stress test rules for uninsured mortgages

Most Read