Quite frequently (and most unfortunately) defendants in sexual misconduct cases attempt to rely upon antiquated stereotypes which are objectively irrelevant and legally impermissible. In A.B. v. X.Y. Training Inc., 2024 BCPC 243, the Defendants attempted to do just that. They attached photos from the Claimant’s social media accounts which depicted the Claimant in revealing clothing including a number of photos in her bathing suit. Navpreet invited the Court to not only reject the position but to denounce the attempt.
The full text is here: https://canlii.ca/t/k8k6s but the highlight, from Inlet’s perspective is as follows:
“even if the Claimant were generally outgoing and flirtatious, that bears no relevance whatsoever to the question of whether she was sexually battered or not. [The impugned affidavit] serves absolutely no purpose in this application, or the case generally. They do nothing but invite outdated stereotyping and erroneous reasoning based on unfounded myths.”
Navpreet Chhina wins important argument for survivors of sexual violence
