Gendered Credibility on Trial

This article provides a comprehensive historical account of the doctrine of recent complaint, an evidence law principle which expressly disadvantages sexual assault survivors if they do not disclose their assault at the first reasonable opportunity. Parliament did not abrogate this doctrine until 1983. Given that most sexual assault complainants are women, the gendered foundations of this doctrine (and its survival until the late 20th century) must be interrogated. Others have explored the doctrine’s abrogation, but this article’s original contributions include an analysis of primary sources that are largely unexamined by the literature (e.g., rape crisis centre reports, Parliamentary debates). This article shows that, despite considerable attempts from both Parliament and the SCC, many stereotypes and rape myths underpinning the doctrine of recent complaint are alive and well in Canadian courts. Most importantly, by providing a detailed overview of Parliamentary records leading up to 1983, this work highlights predictive concerns that were disregarded and have now come to fruition.