R. v. M.B.H

R. v. M.B.H

Evidence that a complainant was sexually inactive or a virgin engages s.276(1) and the Seaboyer framework; the Crown must file a Seaboyer application specifying the proposed evidence and its relevance and a voir dire must be held before such evidence may be led.

Citation
2024 NSPC 37
Parties
Prosecution: His Majesty the King; Defendant: M. B. H.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 February 2024
Procedural Posture
Criminal Sexual Assault (s.271 Criminal Code) / Trial (preliminary Admissibility/voir Dire Ordered)
Outcome
Crown-led evidence of sexual inactivity/virginity is subject to s.276(1) and the Seaboyer voir dire process; Crown must comply with Seaboyer before adducing such evidence.
Legal Topics
Section 276(1) Criminal Code, Seaboyer Principles, Admissibility of Sexual History, Sexual Inactivity/virginity Evidence, Voir Dire Procedure, Judicial Gatekeeping
Source Language
English
Criminal Law Evidence Law Sexual Assault Law Section 276(1) Criminal Code Seaboyer Principles Admissibility of Sexual History Sexual Inactivity/virginity Evidence Voir Dire Procedure +1 more

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Parties

His Majesty the King

Prosecution

M. B. H.

Defendant

Procedural Posture

Criminal Sexual Assault (s.271 Criminal Code) / Trial (preliminary Admissibility/voir Dire Ordered)

Legal Issues

  1. 1 Whether Crown-led evidence of complainant's sexual inactivity/virginity is captured by s.276(1) and the Seaboyer principles
  2. 2 Whether the Crown must bring a formal Seaboyer voir dire before leading evidence of virginity
  3. 3 How Crown-led evidence of sexual inactivity interfaces with a potential s.276(2) defence application

Ratio Decidendi

Evidence that a complainant was sexually inactive or a virgin engages s.276(1) and the Seaboyer framework; the Crown must file a Seaboyer application specifying the proposed evidence and its relevance and a voir dire must be held before such evidence may be led.

Court Disposition

Crown-led evidence of sexual inactivity/virginity is subject to s.276(1) and the Seaboyer voir dire process; Crown must comply with Seaboyer before adducing such evidence.

Orders

  • Trial adjourned and paused pending applications
  • Crown ordered to serve and file a Seaboyer application specifying the proposed evidence and explaining its relevance before leading evidence of sexual inactivity/virginity