Karapancev LawToronto, ON · October 21, 2026Follow

Can Previous Consensual Sex Be Used as Evidence in a Sexual Assault Case?

Short answer Sometimes, but there are strict restrictions. Canadian law generally prohibits using a complainant’s previous sexual activity to argue that the complainant was more likely to have consented on the occasion in question or is less worthy of belief. In some circumstances, however, specific evidence of previous sexual activity may be admissible for another...

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