About this episode

The episode discusses a legal case involving recantation of sexual assault allegations and the implications for the criminal justice system.

Sponsored by EasyDNS Move your domain or web hosting to EasyDNS and support Not On Record: https://easydns.com/NotOnRecord Use promo code: notonrecord In this episode of Not On Record, criminal defence lawyer Joseph Neuberger and Diana Davison break down a fascinating Ontario appeal decision involving fresh evidence, recantation, no-contact orders, and the limits of the criminal justice system’s truth-seeking function. The case centers on a convicted man seeking to introduce post-conviction recordings in which the complainant allegedly recants her sexual assault allegations, only to later resile from that recantation when re-interviewed by police. The Ontario Court of Appeal allowed a narrowly tailored cross-examination of the complainant to help determine whether this fresh evidence should be admitted on appeal. This episode explores the legal and policy tension at the heart of the case: should potentially exculpatory evidence be excluded because it was obtained through conduct that may have breached a court order? The discussion also examines how no-contact orders work in practice, what happens when complainants repeatedly reach out to the accused, and why recantations in…

People in this episode

Host: Joseph Neuberger

Guest: Diana Davison

Topics covered

• criminal justice
• recantation
• fresh evidence
• no-contact orders
• sexual assault
• domestic violence

Keywords

• recantation
• fresh evidence
• criminal justice
• no-contact orders
• sexual assault
• Ontario Court of Appeal
• exculpatory evidence
• domestic violence

Sponsors

EasyDNS

Mentioned in this episode

Places: Ontario, Ontario Court of Appeal

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