The accused, charged with sexual assault and assault in the context of an intimate partner relationship, brought an application under sections 276 and 278.92 of the Criminal Code to introduce text messages and evidence of an ongoing sexual relationship with the complainant.
The defence argued the evidence was necessary to challenge the complainant's police statement, which described the accused as controlling and the relationship as non-consensual or coerced.
The court granted the application, finding the evidence highly probative to the complainant's credibility and the fundamental coherence of the defence narrative, as it directly contradicted the complainant's description of the relationship.
The evidence was admitted subject to strict limitations to prevent twin-myth reasoning.
