Prosecuting and Defending Sexual Offence Cases, 2nd Edition

Prosecuting and Defending Sexual Offence Cases, 2nd Edition
Emond Publishing
Page Count:
Publication Date:
August 2020
Criminal Law and Procedure; Criminal Law Series

"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 prosecutor and a defence lawyer makes it that much more valuable; it is even-handed and forensic."

— Marie Henein, LLB, LLM

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

In Prosecuting and Defending Sexual Offence Cases, 2nd Edition, Crown prosecutor Jill Witkin and defence lawyer Daniel Brown offer an extensive 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 specific to sexual offence cases. These elements include search issues, children’s evidence, cross-examination on private records, and sentencing.

This edition contains new chapters on historical sexual offences and cross-examination on private records, and reflects changes in Bill C-51 pertaining to third party records, other sexual history, and consent. Analysis of case law and relevant Criminal Code provisions have been integrated throughout in order to effectively guide readers through the flow of a sexual offence case.

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

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  • Foreword by Marie Henein
  • Contributions from Cecilia Hageman, Meaghan Cunningham, Dawne Way, Adam Weisberg, and Colleen McKeown
  • New chapter on prosecuting and defending historic offences
  • Extensive updates pertaining to new legislation, including the Bill C-51 and Bill C-75 amendments to the Criminal Code
  • Discussion of the new 278.92 regime that governs the use of records in sexual offence cases
  • New section dealing with “myths and stereotypes” in relation to the complainant as well as the accused
  • Key commentary, from both Crown and defence, on advocacy and trial strategy
  • Practical checklists, tables, and sample consent forms

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

"The reader is provided with concrete suggestions on how to handle questioning of expert witnesses in a variety of areas and explanations of the most common hypothetical scenarios that could reasonably be thought to apply in any given case. It is, quite frankly, the best material for lawyers I have ever read on the subject matter."

—Brock Jones, BA, MA, JD
Excerpt from For The Defence, Vol. 38, No. 5

"Prosecuting and Defending Sexual Offence Cases: A Practitioner’s Handbook is an essential source for explaining sexual offences and the various aspects involved in prosecuting and defending them. It should be considered a required text for any criminal lawyer who deals with sexual offence cases and is a useful resource for law students and interested laypersons. The handbook puts legal theory into every day practice. It is recommended as a 'must have' for any lawyer, student-at-law or reader interested in this very challenging area of criminal practice."

Read the full review here.

—Kasia Kieloch
Excerpt from Robson Crim Legal Blog

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Prices and Formats

Prosecuting and Defending Sexual Offence Cases, 2nd Edition

Format: Print
Cover: Softcover
Colour: Two Colour
Status: Available

Price: $129.00

Prosecuting and Defending Sexual Offence Cases, 2nd Edition Emond Reader ebook (Lifetime Access)

Format: Digital
Cover: Online
Colour: Two Colour
Status: Available

Price: $116.00