The court considered whether a video-recorded statement by the complainant S.R., describing alleged sexual offences by A.G., was admissible under section 715.1 of the Criminal Code.
The defence argued the statement was not taken within a reasonable time of the alleged offences, as required by the section.
The court found that the delay in disclosure was adequately explained by the complainant’s circumstances and trauma, and that her memory was not so impaired as to undermine reliability.
The court also held that section 715.1 is not limited to child witnesses at the time of testimony, but applies if the complainant was under 18 at the time of the alleged offence.
The application to admit the statement was granted.
