Sexual Misconduct Offences

Sexual Assault: Pre-trial Applications pursuant to Section 276 and 278 of the Criminal Code

At Tarnow Criminal Law, we are committed to advocating for accused persons in cases of sexual assault in British Columbia, the Yukon, and the Northwest Territories. In a society where an allegation of sexual assault threatens to upend life as you know it, our lawyers serve as a source for expertise for alleged offenders navigating the complexities of the legal system.

Expertise in Sexual Assault Defence

Criminal proceedings involving allegations of sexual assault are especially complex and nuanced, often requiring lengthy and technical pre-trial applications to introduce important evidence for the Defence. Of crucial importance are pre-trial applications pursuant to Section 276 and Section 278 of the Criminal Code.

Section 276 Applications: Evidence of Sexual History

An Application pursuant to Section 276 seeks to admit evidence regarding the complainant’s sexual history and/or behavior. For example, an Accused person may want the Court or jury to know that they were in a “friends with benefits” type of relationship with the complainant. Generally, this type of evidence is inadmissible so as to avoid perpetuating “twin myth” stereotypes, i.e. – it cannot be inferred that the complainant consented to the sexual activity in question simply because they had consented on previous occasions, regardless of the number of instances or the context of the relationship.

Section 278 Applications: Admissibility of Records

An Application pursuant to Section 278 seeks to admit records as evidence at Trial. This may include, but are not limited to medical records including a SANE (Sexual Assault Nurses Examination) Report (if one exists, it cannot be admitted into evidence at trial unless the complainant consents to its release, even though it may contain relevant information central to the charge), counselling records, social media posts, and text/digital communications. Evidence of the communications via text message between the Accused and complainant are one of the most frequently advanced applications under Section 278 as they can often contain invaluable information regarding pre and post offence circumstances, providing much needed clarity.

The Impact of False Allegations

At Tarnow Criminal Law, we have seen firsthand the devastating impact that false allegations can have on the lives of our clients. From tarnished reputations and strained relationships to loss of employment and social ostracization, the repercussions are far-reaching and long-lasting.

Protecting Your Rights

It’s crucial to approach allegations of sexual assault with sensitivity, thoroughness and the skill and ability to recognize the complexity of each situation. Our main priority is to protect the rights of the accused and achieve the best possible outcome for every client.