What is the impact of stranger identification on an allegation of sexual assault?
British Columbia, Canada
The following excerpt is from R. v. S.W.P., 2017 BCPC 234 (CanLII):
The accused would have been essentially a stranger to K.A. when she identified him in court as the man who was staring at her and the complainant on September 13, 2016. The inherent unreliability of eyewitness testimony, especially relating to stranger identification, is notorious: Bardales v. The Queen, 1996 CanLII 213 (SCC), [1996] 2 S.C.R. 461, at p. 461.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the impact of the evidence of the complainant's defence against the Complainant on the allegation of sexual assault? (British Columbia, Canada)
What are the consequences of making allegations of sexual assault against a nursing assistant? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
What is the test for a plaintiff to prove that he was sexually assaulted at the time of an assault? (British Columbia, Canada)
What is the effect of having to delay or adjourn the trial of an alleged sexual assault? (British Columbia, Canada)
What is reasonable and probable grounds for belief in the context of an allegation of sexual assault against an accused? (British Columbia, Canada)
