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Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Sexual Assault In Abusive Relationships: Common Sense About Sexual History, Christine Boyle
Dalhousie Law Journal
In this paper, the author, using a hypothetical fact scenario as a focus, discusses competing interpretations of the new "rape shield"provisions in ss. 276-276.4 of the Criminal Code. In spite of identifying appealing arguments based on the importance of examining context in the resolution of legal issues, she argues that s. 276(1) should be read as barring all evidence of sexual history between the complainant and the accused, including "pattern evidence", unless it relates to something other than consent or credibility.
A Confluence Of Authority And Critique, H Archibald Kaiser
A Confluence Of Authority And Critique, H Archibald Kaiser
Dalhousie Law Journal
Reading about murder in the news, seeing it portrayed on the longrunning British television series Inspector Morse, or pondering it as one digests Crime and Punishment are in many ways far preferable to studying, teaching or practising the law of homicide. After a few chapters, and particularly following my re-immersion into the cold substantive law of homicide which commences in chapter 3, one is certainly reminded that this is not a work to read as a pastime in "blissful circumstances". It is, nonetheless, a remarkably good book in terms of its breadth, authority and originality in approach and substance. It …