The new program aims to protect complainants from the trauma of having past relationships used as evidence in criminal court cases
Sexual assault Crown prosecutor Constance MacIsaac, left, says it’s important for complainants to have their own lawyer when the defence applies to introduce evidence of other sexual activity outside the scope of the sexual assault charge.
“It’s important that they have legal support to represent them in the court process,” the minister told a news conference.Nova Scotia is among the first provinces to respond to a recent federal legislative amendment that provides complainants in sexual assault cases with the right to a lawyer when the defence applies to have their sexual history introduced in court.
However, defence attorneys are able to make what’s called a Section 276 application to introduce evidence of a complainant’s sexual history that could be relevant to the case. “When an accused person makes an application to introduce other sexual activity, for a complainant to have access to independent legal advice and make their own submissions is important because a Crown attorney doesn’t take instructions from a complainant.”
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