What is the impact of long delay in obtaining and presenting evidence in a historical sexual assault case?
British Columbia, Canada
The following excerpt is from Olsen v. British Columbia, 2009 BCSC 553 (CanLII):
Similar comments have been made in other cases where historic sexual assaults have been alleged. No doubt long delay poses difficulties to a plaintiff in obtaining and presenting evidence to support his claim, but it places a defendant at a disadvantage as well: Blackwater v. Plint, 2001 BCSC 997; at paras. 337 - 343, varied, 2003 BCCA 671, aff’d 2005 SCC 58; E.(R.E.) v. T.(W.O.), [2000] B.C.J. No. 342 (S.C.) at para. 12.
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