The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. (THE CANADIAN PRESS/Sean Kilpatrick)

Canada’s top court orders new trial over ‘friends with benefits’ claim in sex assault case

A complainant’s sexual history can’t ordinarily be used as evidence unless directly relevant to a charge

Canada’s top court says an Edmonton man shouldn’t have been able to tell a jury that he was in a “friends-with-benefits” relationship with an alleged sexual assault victim.

Patrick John Goldfinch was charged in 2014 with assaulting a woman he once lived with, but was acquitted by a jury.

A complainant’s sexual history can’t ordinarily be used as evidence unless it’s directly relevant to the charge.

The trial judge allowed the information over concerns that jurors would have thought the relationship was platonic — a decision that the majority of the Alberta Court of Appeal disagreed with and ordered a new trial.

The Supreme Court of Canada agrees with the Alberta Court of Appeal, and is ordering a new trial.

ALSO READ: B.C. woman uses sidewalk chalk to reclaim site of her sexual assault

In a 6-1 ruling this morning, the court says the evidence was only used to suggest that the alleged victim was likely to consent to sex with Goldfinch because she had consented in the past, which isn’t allowed under the “rape-shield” law.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Sylvan Lake shoreline flags wrongfully replaced by well-meaning citizen

Al Cameron of VVOC says a loose thread is not enough to replace the Canadian flags on lakeshore

Male pedestrian dead after collision with train in Blackfalds

Man from Red Deer pronounced dead at the scene

Stettler Gymnastics Club to host a Halloween Family Dance Oct. 25th

Things get underway at 6:30 p.m. at the gymnastics studio (5402 - 51 St.)

Stettler Variety Showcase presents Donny Lee on Nov. 2nd

Check out a dinner show packed with hits and energy

Flu shots available in Alberta this month

Influenza immunization is free to all Albertans over five years of age

VIDEO: Alberta teen found guilty of shooting German tourist, leaving him paralyzed

The boy, who cannot be publicly identified, was from the Stoney Nakoda First Nation

Rebels drop third straight against Oil Kings

Rebels have given up 19 goals, scord 2 in three games

Zantac, the over-the-counter heartburn drug, pulled in Canada, U.S.

Health Canada also investigates possible carcinogen in some ranitidine drugs

Greta Thunberg calls for climate action in Alberta, but doesn’t talk oilsands

Swedish teen was met with some oil and gas industry supporters who came in a truck convoy

Scheer denies spreading ‘misinformation’ in predicting unannounced Liberal taxes

Conservative leader had claimed that a potential NDP-Liberal coalition could lead to a hike in GST

Kawhi Leonard, former Toronto Raptor, welcomed back to Vancouver at pre-season game

Fans go wild at pre-season game between L.A. Clippers and Dallas Mavericks at Rogers Arena

Greens and NDP go head to head on West Coast; Scheer takes fight to Bernier

Trudeau turns focus to key ridings outside Toronto after two days in Quebec

‘The more you test, the more you find’: Beef recalls a sign of success, experts say

Despite appearances, experts say a recent rise in major recalls is not a sign of food supply problems

Scholars say religious vaccine objections can’t be traced to Biblical sources

Vaccinations are a requirement to attend class in Ontario and New Brunswick, while B.C. launched a demand this fall

Most Read