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Top Court Convicts Man Barred From Cross-examining Victim By Rape Shield Law

Darpan News Desk The Canadian Press, 31 Jul, 2019 07:11 PM

    OTTAWA - Canada's top court has restored the conviction of a man who argued the rape shield law had prevented him from defending himself properly.

     

    While the court found errors in previous rulings leading to his conviction, it said no miscarriage of justice had occurred.

     

    The man known as R.V. was convicted of sexually interfering with a 15-year-old girl.

     

    To bolster its case, the Crown introduced evidence she became pregnant at the time of the alleged assault.

     

    Lower courts refused to allow R.V. to cross-examine her on other sexual activity that might have accounted for her pregnancy.

     

    Ontario's Appeal Court ordered a new trial, but the Supreme Court said that was a mistake and convicted R.V.

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