Canada's top court has restored the conviction of a man who argued the rape shield law had prevented him from defending himself properly.

While the court found errors in previous rulings leading to his conviction, it said no miscarriage of justice had occurred.

Canada's rape-shield law can't be used to prevent an accused from mounting defence, Ont. court rules

Canada's so-called rape-shield law, which aims to protect sexual-assault complainants from unfair and irrelevant scrutiny of their sex lives, cannot be used to prevent an accused from mounting a reasonable defence, Ontario's top court ruled on Wednesday.

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In its ruling, the court acknowledged the critical importance of protecting complainants from questioning about their sexual activity when that activity does not form the subject matter of the charge. 

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The man known as R.V. was convicted of sexually interfering with a 15-year-old girl.

To bolster its case, the Crown introduced evidence she became pregnant at the time of the alleged assault.

Lower courts refused to allow R.V. to cross-examine her on other sexual activity that might have accounted for her pregnancy.

Ontario's Appeal Court ordered a new trial, but the Supreme Court said that was a mistake and convicted R.V.

In June of 2018, the Ontario Court of Appeal ruled that the rape-shield law unfairly applied to a case involving a pregnant teenager. Today, the Supreme Court restored the conviction.

Supreme Court convicts man barred from cross-examining victim by rape shield law

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