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