Women's Studies 2270A/B Chapter : Relevance

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Gayme y 18 yrs old man and 15 year old girl y trial wanted to bring up girls past sexual experiences y y uniting feature between the two cases in the inadmissibility of the two cases y. Rape shield laws that prohibit certain kinds of evidence about a complainant"s sexual history (276) or her reputation (277) from being admitted into evidence in trial. The supreme court of canada argued that s. 277 was constitutional. The court also argued that s. 276 was unconstitutional. There may be cases where the complainant"s sexual experience is relevant and necessary for the defendant"s right to a fair trial. What motivated section 276 and 277? y y. Historically evidence of a complainant"s sexual history that had little to no probative value was deliberately introduced at trial by the defense in order to mislead the jury: this often worked by getting the accused off.

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