Prosecuting and Defending Sexual Offence Cases: A Practitioner's Handbook

Prosecuting and Defending Sexual Offence Cases: A Practitioner's Handbook
Emond Publishing
Page Count:
Publication Date:
October 2017
Criminal Law and Procedure; Criminal Law Series

"The authors have collected in one book the most current and essential law necessary to the profession in prosecuting and defending sexual offence cases. It should be mandatory reading for anyone doing their first such case and an invaluable reference for experienced litigators and judges."

— Marie Henein, LLB, LLM

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

Due to their nature, sexual offence cases can pose a variety of complex and unique challenges. Prosecuting and Defending Sexual Offence Cases: A Practitioner’s Handbook is designed to help practitioners overcome various obstacles by focusing on the procedural, evidentiary, and strategic elements specific to these types of cases.

Analysis of case law and relevant Criminal Code provisions are integrated to effectively guide readers through the flow of a sexual offence case. The text addresses key issues encountered at different stages of the process, including those regarding bail, publication bans, and sentencing. It also delves deeply into evidentiary issues such as establishing consent, discussion of the complainant’s sexual history, the admission of third party records, and the taking of children’s evidence. Moreover, this is the first text on sexual assault cases to deal with the rights of victims and their representation, which is done in part by exploring the new Canadian Victims Bill of Rights.

Authored by criminal defence lawyer Daniel Brown and Crown prosecutor Jill Witkin, the text provides practice information valuable to any current and aspiring Crowns, defence lawyers, and judges. Their ample coverage of both evidence and policy makes this text an essential resource on all facets of litigating sexual offence cases.

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

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  • Foreword by Marie Henein
  • Comprehensive discussion on DNA evidence specific to sexual offence cases, written by special contributor Dr. Cecilia Hageman, criminal lawyer and forensic scientist
  • Ample coverage of new legislation, specifically the Canadian Victims Bill of Rights, by counsel for complainants Dawne Way
  • Expert contributions by criminal defence lawyer Adam Weisberg related to initial considerations and defence perspective
  • Unique insight into Section 276 by Assistant Crown Attorney Meaghan Cunningham
  • 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: Section 276—Evidence of Other Sexual History
Chapter 12: Production of Third Party Records
Chapter 13: Consent
Chapter 14: Sentencing
Chapter 15: 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: A Practitioner's Handbook

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

Price: $115.00

Prosecuting and Defending Sexual Offence Cases: A Practitioner's Handbook Emond Reader ebook (Lifetime Access)

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

Price: $99.00

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