Criminal Code, Section 276

Section 276 (Evidence of complainant’s sexual activity), the so called “rape shield law,” was enacted to prevent evidence of the complainant’s previous sexual history being adduced to support an inference that they were more likely to have consented or that they are less believable. The purpose of the law is to protect the integrity of the trial by excluding misleading and irrelevant evidence and to encourage the reporting of such crimes by protecting the privacy of complainants. Such evidence is only admissible in limited circumstances. In determining whether evidence is admissible, a trial judge must consider certain factors as prescribed by section 276 including the potential prejudice to the complainant’s personal dignity and right of privacy. Evidence of prior sexual activity is presumptively inadmissible unless, having followed certain procedures, the trial judge rules otherwise.