Darrach v. Her Majesty the Queen

Andrew Scott Darrach was accused of sexually assault and “attempted to introduce evidence of the complainant’s sexual history” at trial as part of his defense. After the voir dire process, required under the Criminal Code of Canada, the trial judge refused to allow the introduction of evidence on the plaintiff’s sexual history. Darrach was convicted of the assault. Darrach appealed on the basis that the refusal impeded his right to fair trial. The Supreme Court determined that the trial judge had followed the Criminal Code provisions appropriately, dismissing Darrach’s appeal, and noted that forcing the complainant to testify on such history at trial would likely discourage individuals from reporting sexual crimes and also invade the privacy of victims.



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