Does evidence of sexual conduct unrelated to the subject matter of this charge constitute "motive to fabricate"?

Canada (Federal), Canada

The following excerpt is from R. v. Crosby, [1995] 2 SCR 912, 1995 CanLII 107 (SCC):

15 This being said, I must respectfully disagree with Hallett J.A. that the evidence of sexual conduct unrelated to the subject matter of this charge was relevant to the issue of "motive to fabricate". Although "motive to fabricate" was, indeed, the defence's theory, I do not see how evidence about the nature and frequency of sex, either with the accused or with other persons, would advance the "motive to fabricate" defence except in the most unusual of circumstances. By way of illustration only, I would note that such circumstances might arise in the context of a poisoned or acrimonious relationship. See, e.g., State v. Jalo, 557 P.2d 1359 (Oregon Ct. App., 1976).

Other Questions


Is there any case law supporting the proposition that once a pat-down search has failed to produce any evidence of improper sexual conduct, and if so, when no evidence so far has been found, should the search continue? (MultiRegion, United States of America)
When a defendant argues there is insufficient evidence to convict him of a charge of sexual assault, how does the court view the evidence against him? (MultiRegion, United States of America)
Does a jury's acquittal of a charge of sexual assault prevent a sentencing court from considering the conduct underlying the charge? (MultiRegion, United States of America)
Is evidence of sexual conduct of a complainant admissible in a sexual assault case? ("New York", United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
Can a federal court order a retrial of a charge of sexual assault brought by a defendant who has been convicted of the same charge? (MultiRegion, United States of America)
Does the inclusion of a charge of conscious avoidance in a motor vehicle insurance application constitute a conscious avoidance charge? (MultiRegion, United States of America)
Does improper motivation need to be included in a jury charge in a case involving a claim of adverse action based on improper motivation? (MultiRegion, United States of America)
Does a statement that defendants were guilty on all counts of sexual assault constitute an exhortation to find them guilty based on the evidence? (MultiRegion, United States of America)
Can a defendant's continued criminal conduct be considered evidence of a lack of remorse for the crime of sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.