Sponsored by EasyDNS
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In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.
The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involving memory blackouts, alleged (but unproven and uncharged) drugging, and how much weight a complainant’s “feelings,” assumptions, and post-event beliefs should carry when she has little or no memory of the incident itself. They highlight the decision’s many “lemons” – troubling language that appears to downgrade the accused’s ability to give direct evidence of consent, over-emphasizes circumstantial evidence from complainants, and risks lowering the bar for proving incapacity. At the same time, they squeeze out a few drops of “lemonade” – paragraphs that actually reinforce that consent remains subjective, credibility is still key, and every case turns on its own specific facts and live issues.
A must-listen episode for anyone following #MeToo-era sexual assault law in Canada, the limits of circumstantial evidence, and the ongoing battle over fairness for the accused.
Website: http://www.NotOnRecordpodcast.com
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For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
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Sponsored by EasyDNS
https://easydns.com/NotOnRecord
In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.
The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involving memory blackouts, alleged (but unproven and uncharged) drugging, and how much weight a complainant’s “feelings,” assumptions, and post-event beliefs should carry when she has little or no memory of the incident itself. They highlight the decision’s many “lemons” – troubling language that appears to downgrade the accused’s ability to give direct evidence of consent, over-emphasizes circumstantial evidence from complainants, and risks lowering the bar for proving incapacity. At the same time, they squeeze out a few drops of “lemonade” – paragraphs that actually reinforce that consent remains subjective, credibility is still key, and every case turns on its own specific facts and live issues.
A must-listen episode for anyone following #MeToo-era sexual assault law in Canada, the limits of circumstantial evidence, and the ongoing battle over fairness for the accused.
Website: http://www.NotOnRecordpodcast.com
Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links
Twitter: http://www.twitter.com/NotonRecord
Instagram: https://www.instagram.com/notonrecordpodcast/
TikTok: https://www.tiktok.com/@notonrecordpodcast
Facebook: https://www.facebook.com/notonrecord
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord
Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
EP#191 | “I Only Had Two Drinks” - Canada’s Wild New Sexual Assault Rule
Not On Record Podcast
43 minutes 5 seconds
4 days ago
EP#191 | “I Only Had Two Drinks” - Canada’s Wild New Sexual Assault Rule
Sponsored by EasyDNS
https://easydns.com/NotOnRecord
In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.
The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involving memory blackouts, alleged (but unproven and uncharged) drugging, and how much weight a complainant’s “feelings,” assumptions, and post-event beliefs should carry when she has little or no memory of the incident itself. They highlight the decision’s many “lemons” – troubling language that appears to downgrade the accused’s ability to give direct evidence of consent, over-emphasizes circumstantial evidence from complainants, and risks lowering the bar for proving incapacity. At the same time, they squeeze out a few drops of “lemonade” – paragraphs that actually reinforce that consent remains subjective, credibility is still key, and every case turns on its own specific facts and live issues.
A must-listen episode for anyone following #MeToo-era sexual assault law in Canada, the limits of circumstantial evidence, and the ongoing battle over fairness for the accused.
Website: http://www.NotOnRecordpodcast.com
Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links
Twitter: http://www.twitter.com/NotonRecord
Instagram: https://www.instagram.com/notonrecordpodcast/
TikTok: https://www.tiktok.com/@notonrecordpodcast
Facebook: https://www.facebook.com/notonrecord
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord
Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
Not On Record Podcast
Sponsored by EasyDNS
https://easydns.com/NotOnRecord
In Episode 191 of Not on Record, criminal lawyers Diana Davison and Daniel Brown dive deep into the controversial new Supreme Court of Canada decision R v Rioux, 2025 SCC 34 – a case that has defence lawyers, accused persons, and the public extremely worried.
The Joseph and Diana dissect the Court’s ruling on sexual-assault complaints involving memory blackouts, alleged (but unproven and uncharged) drugging, and how much weight a complainant’s “feelings,” assumptions, and post-event beliefs should carry when she has little or no memory of the incident itself. They highlight the decision’s many “lemons” – troubling language that appears to downgrade the accused’s ability to give direct evidence of consent, over-emphasizes circumstantial evidence from complainants, and risks lowering the bar for proving incapacity. At the same time, they squeeze out a few drops of “lemonade” – paragraphs that actually reinforce that consent remains subjective, credibility is still key, and every case turns on its own specific facts and live issues.
A must-listen episode for anyone following #MeToo-era sexual assault law in Canada, the limits of circumstantial evidence, and the ongoing battle over fairness for the accused.
Website: http://www.NotOnRecordpodcast.com
Sign up to our email list - http://eepurl.com/hw3g99 Social Media Links
Twitter: http://www.twitter.com/NotonRecord
Instagram: https://www.instagram.com/notonrecordpodcast/
TikTok: https://www.tiktok.com/@notonrecordpodcast
Facebook: https://www.facebook.com/notonrecord
Telegram: https://t.me/NotOnRecord
Minds: http://www.minds.com/notonrecord
Audio Platforms Spotify: https://open.spotify.com/show/4F2ssnX7ktfGH8OzH4QsuX Apple Podcasts: https://podcasts.apple.com/us/podcast/not-on-record-podcast/id1565405753
SoundCloud: https://soundcloud.com/notonrecord
Rumble: https://rumble.com/c/c-842207
For more information on criminal law issues go to Neuberger & Partners LLP http://www.nrlawyers.com.
Produced by Possibly Correct Media www.PossiblyCorrect.com
