Does the allegation that the complainant went upstairs to shower, as a preparation for sexual relations, was not put to the complainant in cross-examination?

Ontario, Canada


The following excerpt is from R. v BDN, 2015 ONSC 6613 (CanLII):

The suggestion that the complainant went upstairs to shower, as a preparation for sexual relations, was not put to the complainant in cross-examination, in what I view as a clear breach of the rule in Brown v. Dunn. I draw a negative inference from that, and in any event, accept the complainant’s version that she went upstairs in response to the accused’s request that she come up to look at some year-end financial figures for their business that he had on his computer in the computer room. The interaction between the parties took place in the computer room following the viewing of this financial data. The accused acknowledged that he asked the complainant to view the financial data in the upstairs computer room.

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