This paper discusses the admission of evidence of a complainant’s prior sexual activity in sexual assault cases. It provides an overview of the relevant legislation, and highlights the two-step application process to introduce evidence of prior sexual activity. The paper also discusses the production of third party records in sexual assault cases, including the steps required to bring an application compelling production and rights of appeal.

This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.