What is the test for determining the credibility of testimony in a sexual assault case?

British Columbia, Canada


The following excerpt is from Francis v. BC Ministry of Justice (No. 3), 2019 BCHRT 136 (CanLII):

I have adopted the methodology set out in Bradshaw v. Stenner [2010] BCSC 1398 [Bradshaw]: [...] first consider the testimony of a witness on a ‘stand alone’ basis, followed by an analysis of whether the witness’ story is inherently believable. Then, if the witness testimony has survived relatively intact, the testimony should be evaluated based upon the consistency with other witnesses and with documentary evidence. The testimony of non-party, disinterested witnesses may provide a reliable yardstick for comparison. Finally, the court should determine which version of events is the most consistent with the “preponderance of probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions” (para. 187).

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