LAW599

Advanced Issues in Criminal Law Defence: Sexual Assault and Related Offences 

(Sankoff)

Prerequisite courses: LAW453 Evidence

Prerequisite for:

Instructor(s): Professor Peter Sankoff

Method of presentation: Seminar

METHOD OF EVALUATION: 

Everyone will receive 60% of their final grade from:

(a) General Attendance Participation: 20%

(b) Case Evaluation (max. 2500 words) – 40%

For the remaining 40% students get to choose between 

(c) Final Exam (multiple choice and analysis) - 40%

OR (d) Written s 276 Legal Brief – 40%     

COURSE DESCRIPTION: 

This course provides a detailed examination of the Canadian legal framework surrounding sexual assault, integrating evidentiary, procedural, substantive, and societal perspectives. In addition to exploring the intricacies of the legal system's response to sexual violence, students will delve into the causes, nature, and impact of sexual violence for victims. Through a blend of theoretical and historical analysis, case studies, and practical applications, students will gain an in-depth understanding of the complexities inherent in prosecuting and defending sexual assault cases. Students will also learn why this type of offending poses such challenges for the Canadian legal system.

The course begins by exploring the foundational principles of Canadian sexual assault law, including relevant statutes, case law, and constitutional considerations. Students will delve into the historical development of sexual assault laws in Canada, critically examining the evolution of legal definitions, standards of consent, and how consent and honest mistaken belief in consent have evolved over time.

Evidentiary and procedural issues related to sexual assault cases will be a focal point of study. Topics covered may include the admissibility of sexual history evidence, the use of expert witnesses, and the impact of stereotypes and myths on the evaluation of evidence.

Procedural aspects of sexual assault cases will also be analyzed in depth. Students will examine pre-trial procedures, including preliminary inquiries and the role of s 278.92 regarding private materials held by the defence. Special attention will be given to issues of witness testimony, cross-examination techniques, and the role of the judge and jury in adjudicating sexual assault trials.

Substantive legal doctrines relevant to sexual assault law will be explored, including defences, sentencing principles, and remedies for victims. Students will critically evaluate the effectiveness of legal mechanisms in addressing the needs of survivors and defendants in trials of sexual violence.

Guest speakers, case simulations, and interactive discussions will provide opportunities for students to apply theoretical concepts to real-world scenarios and to consider the broader social, cultural, and systemic factors that shape the legal response to sexual violence.

By the conclusion of the course, students will have developed a sophisticated understanding of the legal, evidentiary, procedural, substantive, and societal dimensions of sexual assault law in Canada, equipping them with the knowledge and skills necessary to navigate this challenging area of legal practice.

SPECIAL COMMENTS:

Warning: Students choosing to take this course should be advised that we will be engaging in frank and open discussion about the law of sexual assault, the causes of sexual violence, and the law’s response to sexual violence in society. While the material will be approached with sensitivity, these topics can be emotionally disturbing for many people. 

Description updated 2024-25. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):

None. Materials to be provided.