Not On Record | EP#146 | Can a Failure to Deny Result in Sex Assault Conviction?

In episode 146 of the Not on Record podcast Joseph, Michael and Diana delve into the complexities of reaction evidence in criminal cases, particularly focusing on a recent trial involving text message exchanges between an accused and a complainant. Joseph, Michael and Diana discuss a controversial ruling where the accused's failure to deny an allegation of sexual assault was interpreted as an admission of guilt by the trial judge, raising concerns about the reliability of such conclusions. The episode highlights the importance of context in communication, especially in digital formats like text messaging, and critiques the procedural shortcomings in how evidence was handled during the trial. Joseph, Michael and Diana emphasize that a mere lack of response should not be equated with guilt without considering other plausible explanations for the accused's behaviour.Not On Record | EP#146 | Can a Failure to Deny Result in Sex Assault Conviction?