This ruling addresses the relevance of evidence concerning a sexual assault complainant's lack of avoidant behaviour towards the accused.
During a trial for sexual assault and exploitation, defence counsel sought to argue that the complainant's continued association with the accused undermined his credibility.
The Crown objected, asserting this argument relied on impermissible myths and stereotypes about how sexual assault victims should behave.
The court upheld the Crown's objection, ruling that such a submission was based on a generalized, stereotypical notion of victim behaviour and was irrelevant in this specific case, particularly given the complainant's intellectual disability and suggestibility.
