A History of Canadian Sexual Assault Legislation


No Question of Sexual Conduct

Criminal Law Amendment Act, 1975, S.C. 1974-75-76, c. 93, s. 8.

[No question of sexual conduct]
142. (1) Where an accused is charged with an offence under section 144 or 145 or subsection 146(1) or 149(1), no question shall be asked by or on behalf of the accused as to the sexual conduct of the complainant with a person other than the accused unless
       (a) reasonable notice in writing has been given to the prosecutor by or on behalf of the accused of his intention to ask such question together with particulars of the evidence sought to be adduced by such question and a copy of such notice has been filed with the clerk of the court; and
       (b) the judge, magistrate or justice, after holding a hearing in camera in the absence of the jury, if any, is satisfied that the weight of the evidence is such that to exclude it would prevent the making of a just determination of an issue of fact in the proceedings, including the credibility of the complainant.
    [Publication prohibited]
    (2) The notice given under paragraph (1)(a) and the evidence taken, the information given or the representations made at a hearing referred to in paragraph (1)(b) shall not be published in any newspaper or broadcast.
    (3) Every one who, without lawful excuse the proof of which lies upon him, contravenes subsection (2) is guilty of an offence punishable on summary conviction.
    ["Newspaper" defined]
    (4) In this section, "newspaper" has the same meaning as it has in section 261.
    ["Complainant" defined]
    (5) In this section and in section 442, "complainant" means the person against whom it is alleged that the offence was committed.

An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.


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