R. v. Goldfinch

The accused was charged with sexual assault of a woman he had once dated. The complainant claimed that on the night in question, she had called to the accused’s house for drinks and that he snapped, dragged her to his bedroom, hit her, and forced her to have sex with him. At trial, the accused requested that evidence of a “friends with benefits” relationship be admitted to the jury as it was important context for the jury to know. The trial judge allowed what he called the “benign” evidence to be admitted. The jury found the accused not guilty but the Court of Appeal said the evidence should not have been allowed. On appeal to the Supreme Court, the court said the evidence should not have been allowed and that it was used to suggest that as she had agreed to sex in the past, she was more likely to agree on this occasion which is exactly what the “rape shield law” (section 276 of the Criminal Code (evidence of complainant’s sexual history)) is designed to protect. The Supreme Court said that the judge should have made the accused show that the evidence was useful for some other important reason. A new trial was ordered.