Mentally disabled witness’s right to testify affirmed
Written by on February 10th, 2012 in Latest News.
The Supreme Court of Canada has ordered a new trial in a sexual assault case involving a mentally challenged witness, and has given her the right to testify in court.
The case from Ontario involves a then 19-year-ancient developmentally disabled woman who was allegedly sexually assaulted by a man living with her mother.
The woman, whose identity is protected by a publication ban, was determined to have the mental capabilities of a child three to six years ancient.
That led the accused to challenge whether she was capable of giving credible testimony in court, and the trial judge excluded this evidence.
Friday’s ruling set aside the man’s acquittal, and ordered a new trial.
Chief Justice Beverley McLachlin wrote in the ruling that the trial judge made a “fundamental error” in applying the Canada Evidence Act regarding the testimonial competence of adult witnesses with mental disabilities.
“Sexual assault is an evil. Too frequently, its victims are the vulnerable in our society — children and the mentally handicapped. Yet rules of evidence and criminal procedure, based on the norm of the average witness, may make it hard for these victims to testify in courts of law,” the ruling said.
“The challenge for the law is to permit the truth to be told, while protecting the right of the accused to a honest trial and guarding against wrongful conviction.”
