OTTAWA — A man found guilty of sexually assaulting his long-time partner was properly denied a chance to present evidence about sexual activity they engaged in shortly before the offence, the Supreme Court of Canada has ruled.
The couple, who had been in a relationship for more than 20 years, took a trip in February 2018 and separated upon their return. The man moved into a basement room of their house.
The man, identified only as T.W.W., sought to introduce evidence at trial concerning the sexual activity the prior evening. The trial judge dismissed T.W.W.'s application to present the evidence, ruling that the events of April 1 were not relevant to the issue of consent the following day. In its ruling Friday, the Supreme Court of Canada upheld the conviction while affirming the trial judge's decision to deny admission of the evidence.
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