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Prosecuting and Defending Sexual Offence Cases, 3rd Edition
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Prosecuting and Defending Sexual Offence Cases, 3rd Edition

Daniel Brown, Jill Witkin
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
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In Prosecuting and Defending Sexual Offence Cases, 3rd Edition, Justice Jill Witkin (Ontario Court of Justice) and defence lawyer Daniel Brown offer a current and comprehensive examination of the legal processes involved in litigating sexual offences. This bestseller is designed to help practitioners focus on the procedural, evidentiary, and strategic elements unique to sexual offence cases. These elements include publication bans, search issues, children’s evidence, expert evidence, cross-examination on private records, sentencing, and more. 

The third edition contains a new chapter on sexual offence appeals, addressing commonly raised issues and landmark cases from the Supreme Court of Canada, such as R v JJ. Additionally, this guide includes new discussion of Bill S-12 and reflects recent changes in Bill C-75 pertaining to preliminary hearings and in Bill C-51 pertaining to third party records, sexual history, and consent.  

Analysis of case law and relevant Criminal Code provisions are integrated throughout to effectively guide readers through the flow of a sexual offence case, from arrest to appeal.  

This text is Volume 4 in Emond’s Criminal Law Series. 

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  • ISBN/ISSN: 978-1-77462-665-8
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  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-666-5
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ISBN
978-1-77462-665-8
Page Count
720
Publisher
Emond Publishing
Publication Date
May 2024
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • A new chapter dedicated to the practice and procedure for sexual offence appeals, including discussion of indictable appeals, summary conviction appeals, bail, common grounds, complainant rights, fresh evidence, and Crown appeals.

  • Expanded discussion of evidentiary issues on the developing law on rape myths and stereotypical reasoning.

  • Extensive updates pertaining to new legislation, including the Bill C-51 and Bill C-75 amendments to the Criminal Code.

  • Insights from criminal law experts: Cecilia Hageman, Meaghan Cunningham, and Colleen McKeown.

  • Comprehensive guidance on prosecuting and defending historical sexual offence allegations.

  • Expanded discussion on evidentiary issues, including a section dealing with “myths and stereotypes” in relation to the complainant and the accused.

  • Key commentary, from both Crown and defence, on advocacy and trial strategy.

  • A Foreword by Marie Henein.

  • Practical checklists, tables, and sample consent form.

Chapter 1: Initial Considerations
Chapter 2: Sexual Offences
Chapter 3: Search Issues
Chapter 4: Publication Bans
Chapter 5: Protections for Victims and Witnesses
Chapter 6: Preparing for the Preliminary Inquiry
Chapter 7: Evidentiary Issues
Chapter 8: Children’s Evidence
Chapter 9: Expert Evidence
Chapter 10: Forensic Evidence
Chapter 11: Production of Third-Party Records: Section 278.3
Chapter 12: Cross-Examination on Private Records: Section 278.92
Chapter 13: Evidence of Other Sexual Activity: Section 276
Chapter 14: Consent
Chapter 15: Historical Offences
Chapter 16: Sentencing
Chapter 17: Representing the Victim in a Sexual Offence Proceeding
Chapter 18: Sexual Offence Appeals

Chapter 1: Initial Considerations


“This new edition of the book is essential reading for any lawyer conducting a sexual assault trial. It is methodical, pragmatic, and precise in its analysis of the central issues that are often litigated in the context of sexual offences. Moreover, the fact that the guidance comes from an author team that includes a judge and a defence lawyer makes it that much more valuable; it is even-handed and forensic.”

— Marie Henein, LLB, LLM



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