Sexual Assault

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Webb quoted in CBA National on SCC decision dealing with sexual consent and use of condoms

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Last Friday, the Supreme Court of Canada released its decision in R. v. Kirkpatrick, which ruled that when someone is required by their partner to wear a condom during sex but they do not, they could be guilty of sexual assault.

Room for arguments on privacy issues around internet luring

Even though the Supreme Court of Canada (SCC) ruled against the appeal of a man convicted of internet child luring after corresponding with an undercover officer he thought was a 14-year-old girl, police forces should not automatically assume that all future clandestine online operations will withstand judicial scrutiny, says Toronto criminal lawyer Melanie Webb.

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Relevance key in introducing evidence of past sexual history

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The past relationship between the complainant and the accused cannot be introduced as evidence in sexual assault cases unless it is clearly shown to be relevant, says Toronto criminal lawyer Melanie Webb.

Criminal trials not credibility contests

A recent decision in a sexual assault appeal is a reminder of the high bar the Crown faces to achieve a conviction in a criminal trial — proving a charge beyond a reasonable doubt, Toronto criminal lawyer Melanie Webb tells AdvocateDaily.com.

Supreme Court to rule on constitutionality of child luring provisions

The Supreme Court of Canada will rule on a case involving the use of a fictitious online identity in a sexual luring investigation that will have a major impact on similar litigation, says Toronto criminal lawyer Melanie Webb.

Changes to sex assault laws threaten to undermine fair trial

Proposed changes to Canada's sex assault laws threaten to undermine the fair trial rights of accused people by forcing them to disclose evidence in their possession, says Toronto criminal lawyer Melanie Webb.