If an allegation of sexual assault is proven by someone other than the complainant, is it inadmissible or admissible?

Saskatchewan, Canada


The following excerpt is from R. v. Pelletier, 1973 CanLII 886 (SK CA):

If such evidence is established by someone other than the complainant, the fact that the complainant herself gives the same evidence does not render it inadmissible or any the less independent. As Aylesworth J.A. said in Regina v. Varcoe, supra, at p. 132: “With respect, I think in the circumstances of this case the evidence of those persons, other than the complainant, which was given as to her appearance and manner when she first was seen at home after leaving respondent’s car, as to the state of her clothing and as to bruises on her body, could when viewed as a whole be considered as more consistent with her story than with her consenting to the act of intercourse with respondent — that is to say, this evidence could be considered as having corroborative value.”

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