The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. (THE CANADIAN PRESS/Sean Kilpatrick)

Canada’s top court orders new trial over ‘friends with benefits’ claim in sex assault case

A complainant’s sexual history can’t ordinarily be used as evidence unless directly relevant to a charge

Canada’s top court says an Edmonton man shouldn’t have been able to tell a jury that he was in a “friends-with-benefits” relationship with an alleged sexual assault victim.

Patrick John Goldfinch was charged in 2014 with assaulting a woman he once lived with, but was acquitted by a jury.

A complainant’s sexual history can’t ordinarily be used as evidence unless it’s directly relevant to the charge.

The trial judge allowed the information over concerns that jurors would have thought the relationship was platonic — a decision that the majority of the Alberta Court of Appeal disagreed with and ordered a new trial.

The Supreme Court of Canada agrees with the Alberta Court of Appeal, and is ordering a new trial.

ALSO READ: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

In a 6-1 ruling this morning, the court says the evidence was only used to suggest that the alleged victim was likely to consent to sex with Goldfinch because she had consented in the past, which isn’t allowed under the “rape-shield” law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Parksville Lawn Bowling Club on a roll for artificial turf

Project to cost over $500,000 but will save club money

More Parksville pop-up water parks planned

Fire department says Sunday, Aug. 18 next one on the agenda

Hi Neighbour Day celebrates 50th year in Errington

Pancake breakfast, parade, zucchini race and more planned for this years’ festivities

Semi-truck crashes on Hwy. 4 between Port Alberni and Tofino-Ucluelet

Drivers heading in or out of Tofino-Ucluelet Friday afternoon should expect delays

Errington scrap wood fire still under investigation

Three fire departments deployed to battle highly visible blaze

VIDEO: Langley Ribfest met with protesters

Groups that oppose the event for various reasons plan to be on site each of the three days.

Canadians killed in Afghanistan honoured during emotional dedication ceremony

One-hundred-fifty-eight Canadian soldiers died during the mission

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

‘I’m just absolutely disgusted’: Husband furious after B.C. Mountie’s killer gets day parole

Kenneth Fenton was sentenced to prison after he fatally struck Const. Sarah Beckett’s cruiser

Sea-to-Sky Gondola in B.C. likely out of commission until 2020

Sea to Sky Gondola carries between 1,500 and 3,000 people every day during the summer season

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

PHOTOS: Weapons seized at Portland right-wing rally, counterprotests

Not all who gathered Saturday were with right-wing groups or antifa

Ferries employees participating in Denman Island cleanup for plastic-shedding ferry

The cleanup comes a few weeks after one organized by residents of the Island

Discussion on grief and loss between Stephen Colbert, Anderson Cooper goes viral

The exchange includes emotional question from Cooper, and outlook on grief as a child

Most Read