Since CO154 only applies in cross-examination, PCousel can call Hector to adduce evidence on Claire’s prior sexual history.

(i) The facts in dispute is consent. Claire denied having consented, testifying that she ever has and never would have sex when her daughter is present, not even with her husband. Hector’s evidence is of circumstantial nature and is relevant to both credibility and issue. His evidence can strengthen Claire’s testimony and if the Jury believes him, it is capable of proving Claire would not have consent sex in the presence of Gale. The probative value of his testimony is determined by the Jury.

(ii) The evidence that Claire has only had sex with Hector in the ten years of the marriage has no relevance. The philosophy of CO 154 is to debunk the baseless prejudicial myth that women who had sex outside marriage had a dual propensity to consent to sexual relations indiscriminately and to be devoid of veracity (Tse Hoi Pan 2006). …show more content…
Thus, his evidence has no value to Claire’s credibility nor the issue.

QUESTION 8

(i) The evidence that Fred knew Claire in college before she met Hector has little if not no relevance. It would be a stretch to use it to establish the credibility of Fred. Mostly likely, it will be ruled as inadmissible.

(ii) Pursuant to CO154, Dcounsel cannot adduce evidence nor question Claire in cross-examination regarding her sexual experience with a person other than Don, Steve and/or Thor, unless such prohibition would be unfair to the defendants.

This is an evaluative judgment for the court to make as to whether the proposed line of questioning was “relevant and was of sufficient importance that it might reasonably lead the jury to take a different view of the complainant’s evidence” (Lee Wing