A new trial has been ordered in the case of a mentally handicapped alleged victim of sexual assault, whose testimony was dismissed during trial because of her handicap.
Advocates heralded the landmark ruling as “extremely important,” describing it as a significant step toward protecting handicapped women, who frequently face sexual assault.
The Supreme Court of Canada ruling says mentally disabled adults are able to give truthful and reliable testimony, even if they can’t explain what an oath is.
“Adults with mental disabilities may have a practical understanding of the difference between the truth and a lie and know they should tell the truth without being able to explain what telling the truth means in abstract terms,” the ruling says.
Friday’s ruling centred around the case of a developmentally disabled woman with the cognitive capabilities of a three- to six-year-old child. She was 19 years old at the time of the alleged sexual assault.
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