A prosecutor should not have asked a father accused of incest about why his daughter might have made up her allegations against him, Ontario's top court has ruled.
The Ontario Court of Appeal is seen in Toronto on Monday, April 8, 2019. TORONTO -- A prosecutor should not have asked a father accused of incest about why his daughter might have made up her allegations against him, Ontario's top court ruled on Thursday.
The father, identified only as G.H., was convicted in Superior Court in January 2017. One of his daughters had alleged in March 2015 that, over several years, he had touched her sexually and had intercourse with her. Justice Wolfram Tausendfreund, presiding over the trial, allowed the questioning, saying he thought it relevant to explore what G.H. thought had motivated his daughter to make her allegations. The father said it appeared the girl missed her mother and had made up the story to get her to come home.
Also, a key issue at trial was where the daughter had slept the night before she made her complaints. One witness had told police the complainant started out sleeping with her, but got up in the night to go sleep in her father's room.
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