Podcasts · Not On Record Podcast
EP#232 | Hidden Reasons to Lie: How Courts Weigh Credibility in Sexual Assault Cases
· 51 min · Explicit
Episode EP#232 | Hidden Reasons to Lie: How Courts Weigh Credibility in Sexual Assault Cases
In Episode 232 of Not On Record, criminal defence lawyer Joseph Neuberger and Yuvika Johri look at how courts handle motive to fabricate in sexual assault cases. They walk through the Ontario Court of Appeal's decision in R v JC (2021 ONCA 131) and its two rules: the rule against ungrounded common-sense assumptions and the rule against stereotypical inferences. They also cover R v JL (2018 ONCA 756), R v Nyznik (2017 ONSC 4392), R v Batte (Ont CA, 2000), R v LL (2009 ONCA 413), and the recent R v EO (2026 ONCA 575), where the court dismissed an appeal from convictions over non-consensual slapping during otherwise consensual sex. This is commentary and analysis, not legal advice.
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