Is there any need for a presumption of innocence in a sexual assault case?
British Columbia, Canada
The following excerpt is from Longmuir v. Holland, 2000 BCCA 538 (CanLII):
When the alleged victim is alive and in full possession of his or her faculties, what need is there for a presumption? Thus, in McKay v. Clow, 1941 CanLII 36 (SCC), [1941] S.C.R. 643, the complainant did testify. On his evidence, as described by Crocket J., I do not understand why Crocket J., speaking for the majority, found it necessary to invoke the presumption.
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