In the 2000 decision of R. v. Darrach, the Supreme Court of Canada upheld the law in a case involving the former Ottawa resident Andrew Scott Darrach, who was convicted of sexually assaulting his ex-girlfriend. Darrach was sentenced in 1994 to nine months in jail for the assault. By a 9–0 decision, the court found that of the rape shield provisions in the Criminal Code to be constitutional. The ruling said forcing the accuser to give evidence would invade her privacy and would "discourage the reporting of crimes of sexual violence." In his appeal, Darrach had argued that he had been denied a fair trial because he was unable to raise the fact that he mistakenly thought the incident was consensual. Darrach had argued also that the law unfairly required him to testify at his own trial because the trial judge had held an evidentiary hearing with the jury absent to determine whether an affidavit from Darrach describing his former relationship with the complainant was admissible. Since Darrach had refused to testify or be cross-examined on the affidavit, the trial judge had ruled that evidence inadmissible.Supreme Court upholds rape-shield law Erin Anderssen The Globe and Mail, Ottawa October 13, 2000. The appeal upheld the trial judge's decision.
