What factors will the court consider in assessing the credibility of a sexual assault complainant when assessing the timing of disclosure?

Ontario, Canada


The following excerpt is from R. v. S.A., 2021 ONSC 7281 (CanLII):

In R v. D.(D.), 2000 SCC 43, [2000] 2 S.C.R. 275, at para. 65, the court found that there is no inviolable rule with respect to how victims of sexual assault will behave. Some victims will make an immediate complaint, some will never disclose, and others will delay in disclosing the abuse. The reasons for delaying disclosure may include embarrassment, fear, guilt, or a lack of knowledge. In assessing credibility, the timing of the disclosure is just one factor to consider. A delay in disclosure on its own does not give rise to an adverse inference against the credibility of the complainant.

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