On a Stage One application under ss. 276, 278.92, and 278.93 of the Criminal Code, the accused sought to adduce text messages, sexually explicit live photos, evidence of other sexual activity in the hotel room, prior alleged anal sex, and evidence of an alleged commercial sexual relationship including a refusal to pay.
The court held that the text messages, live photos, and other sexual activity in the hotel room were integrally connected to the charged event and formed part of the subject-matter of the charge, though the text messages and live photos still engaged the private-record regime under s. 278.92.
The text messages were capable of admission and could proceed to Stage Two, but the live photos were excluded at this stage without prejudice because their probative value was substantially outweighed by prejudice to the proper administration of justice.
The prior alleged anal sex was incapable of admission because it came perilously close to impermissible twin-myth reasoning, while the alleged commercial relationship, payment habit, and refusal to pay were capable of admission and could proceed to Stage Two.
