I’ve been accused of sexual assault by someone I am in a relationship with. Does it matter that we have had sex before?

A person who consented to sex can withdraw that consent at any time. Prior consent does not mean she consented every time. Defence counsel are not freely permitted to question a person alleging sexual assault about their past sexual history. An application must be made in court before questions can be posed about her prior sexual history. After a successful application, defence counsel may be able to ask questions about the accuser’s prior sexual history and view the individual’s psychiatric or medical records to use them to show the court why the credibility of the accuser should be questioned.

In marital relationships, the Crown is generally required to establish that in the context of the entire marital relationship, and in the context of the particular situation, the statement of “no” to the sexual activity differed from the way the two individuals historically interacted for a sexual purpose and that the accused individual should have known from such different behavior that the rejection of sexual activity on the specific occasion where the sexual assault is alleged was different from the way the parties interacted sexually in the past. It must be remembered that a person can withdraw their consent at any time.