Good The Bad and The Charter The Rape Shield Law
The severity of a crime such as rape must have different judicial bounds when it comes to the cases’ court proceedings then your average joe murder. ... A law is a law because for the majority of the time it does its job. ... No matter how many times a person has said yes in the past, if they said no this particular time, then the situation is rape and rape is a disgusting and punishable offence. Many women are afraid to come forward to the police either because they have a negative sexual history or due to the fact that they have or still work in the sex industry (Rape Relief), which in itself is a punishable offence. ... The situations where that the accused had or has a sexual relationship with the plaintiff and feels they must bring the complainants sexual history to the courtroom because they thought the intercourse was consensual is the most debatable issue of the rape shield law. ... Although the judges do have the same criminal code and charter to base their decision upon, it is left mostly up to the judges’ discretion what sexual history is applicable.