How have the courts interpreted the rule on cross-examination in a sexual assault case?

Ontario, Canada

The following excerpt is from R. v. Houle, 2009 CanLII 39502 (ON SC):

Next the Appellant refers to the Reasons for Judgment of the trial judge dealing with substantial non-compliance of the rule in Browne v. Dunn. That rule stipulates that the accused’s evidence should be put to the complainant during cross-examination to see if she agrees or disagrees. The trial judge in his Reasons for Judgment stated as follows: There is very substantial non-compliance on the part of the defence with the rule in Browne v. Dunne [sic], in which numerous and significant aspects of the defence version were never put to the complainant while she was in the witness box, so that she would have had the opportunity of commenting or addressing these, as contemplated by the rule. It is not an exclusionary rule, in that the defence is still allowed to provide the evidence, but it is something which the court is to consider and determine what impact it may have on the issue of credibility.

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