EP#191 | “I Only Had Two Drinks” - Canada’s Wild New Sexual Assault Rule

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🔹Short Description:
Supreme Court’s Rioux 2025 SCC 34 shocks defence bar: memory blackouts & “I felt drugged” now enough to prove incapacity? Not on Record Ep 191 breaks it down.
⚖️📢🎙️

📝Meta Description:
EP 191: The Supreme Court just made sexual-assault cases with memory blackouts and unproven drugging claims much scarier for the accused. We unpack R v Rioux 2025 SCC 34 – the lemons, the tiny bit of lemonade, and why this decision has everyone talking.
🎧🧑‍⚖️🏒

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 hosts 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.

|Not On Record

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