R. v. Darrach
Encyclopedia
R. v. Darrach, [2000] 2 S.C.R. 443, 2000 SCC 46, is a leading case decided by the Supreme Court of Canada
on the constitutionality of the Criminal Code of Canada
's rape shield law
. The Court upheld the law.
resident, was charged with sexually assaulting his ex-girlfriend. At trial he attempted to introduce evidence of his ex-girlfriend's sexual history. After a voir dire
, required under the rape shield law in section 276 of the Criminal Code of Canada
to consider whether the evidence is admissible, the judge refused to admit it. Darrach was sentenced to nine months in jail.
Darrach argued that he was denied a fair trial as he was unable to present evidence that he mistakenly believed that the ex-girlfriend had consented. He also argued that it violated his right against self-incrimination by requiring him to testify.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on the constitutionality of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
's rape shield law
Rape shield law
A rape shield law is a law that limits a defendant's ability to cross-examine rape complainants about their past sexual behaviour. The term also refers to a law that prohibits the publication of the identity of an alleged rape victim.-In Canada:...
. The Court upheld the law.
Background
In 1994 Andrew Darrach, an OttawaOttawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
resident, was charged with sexually assaulting his ex-girlfriend. At trial he attempted to introduce evidence of his ex-girlfriend's sexual history. After a voir dire
Voir dire
Voir dire is a phrase in law which comes from the Anglo-Norman language. In origin it refers to an oath to tell the truth , i.e., to say what is true, what is objectively accurate or subjectively honest, or both....
, required under the rape shield law in section 276 of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
to consider whether the evidence is admissible, the judge refused to admit it. Darrach was sentenced to nine months in jail.
Darrach argued that he was denied a fair trial as he was unable to present evidence that he mistakenly believed that the ex-girlfriend had consented. He also argued that it violated his right against self-incrimination by requiring him to testify.