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Supreme Court decision says sexual history relevant in some cases

On Friday, The Supreme Court of Canada ordered new trials for two individuals facing human trafficking and sexual services charges, ruling they should have been permitted to cross-examine the complainant regarding her prior commercial sex work.
The case centered on the Criminal Code, which limits using a complainant's sexual history in court; the court determined these provisions do not categorically apply to human trafficking or sexual services offences.
Supreme Court Justice Mary Moreau wrote that admitting the evidence was necessary to show the complainant had previously worked voluntarily in the sex industry, which could challenge claims that the accused had recruited her.
Because sexual services and human trafficking offences are not explicitly listed in the Criminal Code, the ruling clarifies that evidence regarding a complainant's sexual history remains relevant in specific proceedings.
This decision establishes a legal precedent for how trial judges must evaluate evidence of prior sexual history in human trafficking cases, ensuring defendants can present relevant testimony regarding a complainant's commercial history when determining recruitment allegations.

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Supreme Court decision says sexual history relevant in some cases

OTTAWA - The Supreme Court of Canada has upheld a decision ordering new trials for two people facing human trafficking and sexual services offences, after concluding they should have been able to cross-examine a complainant about the commercial aspect of her prior sex work.

6 hours ago·Winnipeg, Canada

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