EP#167 | Why You Shouldn't Put Your Character on Trial

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In Episode 167 of Not On Record, Joseph, Michael, and Diana explore the limits of using good character evidence in sexual assault trials, explaining why testimony from friends or colleagues vouching for an accused’s moral reputation holds little to no weight in such cases. They clarify that good character evidence—restricted to general reputation for traits like honesty—rarely has value in proving or disproving what happened in private, behind closed doors. More importantly, introducing such evidence can backfire by opening the door for the Crown to bring in rebuttal witnesses or criminal history. Instead, the panel stresses that a defendant’s courtroom demeanor, coherence, and honesty under testimony are far more persuasive than declarations of virtue. They also delve into bad character evidence, particularly in domestic violence cases, where prior uncharged acts may be admitted to show animus or explain delays in reporting abuse. The episode underscores that credibility is built through conduct at trial—not personal endorsements—and warns against the strategic pitfalls of putting one’s character “on trial.”