Other sexual activity

Relevance key in introducing evidence of past sexual history

The past relationship between the complainant and the accused cannot be introduced as evidence in sexual assault cases unless it is clearly shown to be relevant, says Toronto criminal lawyer Melanie Webb.

“There’s a very common saying that context is everything,” says Webb, principal of Melanie J. Webb Barrister. “Well, sometimes context is not sufficient, especially if you are dealing with an s. 276 application.”