In Episode 232 of Not On Record, criminal defence lawyer Joseph Neuberger and Yuvika Johri look at how courts handle motive to fabricate in sexual assault cases. They walk through the Ontario Court of Appeal's decision in R v JC (2021 ONCA 131) and its two rules: the rule against ungrounded common-sense assumptions and the rule against stereotypical inferences. They also cover R v JL (2018 ONCA 756), R v Nyznik (2017 ONSC 4392), R v Batte (Ont CA, 2000), R v LL (2009 ONCA 413), and the recent R v EO (2026 ONCA 575), where the court dismissed an appeal from convictions over non-consensual slapping during otherwise consensual sex. This is commentary and analysis, not legal advice.
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Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal.
R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw
Sponsored by EasyDNS https://easydns.com/NotOnRecord Joseph, Michael and Diana discuss the meaty legal breakdown of His Majesty the King v. J.W., 2025 ONCA 637. They unpack how the Ontario Court of Appeal treats myths and stereotypes in sexual-assault cases, especially delay in reporting and continued association, what’s permissible to argue, and how to ground inferences without crossing into prohibited reasoning. Expect a practical tour of jury charges, prior consistent statements (and their limits), strategic tips for defence counsel, and why careful, collaborative charge-crafting matters on appeal. R. v. J.W., 2025 ONCA 637 - https://canlii.ca/t/kfdtw 🔹Short Description: 🏒Pop culture to case law: Episode 185 breaks down ONCA 2025 J.W. delay in reporting, continued association, jury instructions, and prior consistent statements. ⚖📢🎙 📝Meta Description: Discover Episode 185 of Not On Record: We dissect ONCA’s 2025 J.W. decision—myths/stereotypes, timing of ...
