Case information

Criminal law — Charge to jury — Sexual assault — Whether the charge to the jury misinterpreted and inflated the prohibition against reasoning based on myths and stereotypes so as to deprive the defence of the exculpatory impact of the complainant’s behaviour — Whether the charge to the jury had the effect of removing from the jury’s consideration the complainant’s behaviour that is consistent with the lack of criminal guilt

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The applicant, Mr. W., was accused of domestic abuse against the complainant. Mr. W. denied all of the accusations. In the charge to the jury, the trial judge instructed jurors regarding the avoidance of myths and stereotypes reasoning, but did not explicitly instruct jurors about permissible inferences related to the timing of the disclosure to the police and prior inconsistent statements made by the complainant. Mr. W. was convicted by jury of choking to overcome resistance to a sexual assault, assault causing bodily harm, sexual assault, forcible confinement, and assault.

The Ontario Court of Appeal unanimously dismissed the applicant’s appeal from convictions and sentence. On the convictions appeal, the court agreed that the jury charge was not perfect, but was not persuaded that a reversible error occurred. It found that in the context of the evidence, the arguments, and the balance of the charge, jurors would have understood the permissible inferences and that they were permitted to draw them.