Proposal paper for Canadian legislative attention: the treatment of sexting (sexual text messages or digital communications) as evidence in sexual assault and consent-related cases

Abstract

This proposal aims to address the growing concern regarding the legal treatment of sexting (the exchange of sexually explicit messages or images) in sexual assault cases. With the rise of digital communication, sexting has become a prevalent form of sexual expression, but its use as evidence in sexual assault trials presents significant challenges. Current legal frameworks, including the Rape Shield Laws in Canada, fail to adequately address the complexities of digital intimacy and its potential misinterpretation as evidence of consent. This proposal advocates for the clarification and strengthening of existing laws, including explicit inclusion of sexting under the Rape Shield provisions, the establishment of legal guidelines for interpreting digital intimacy, and the implementation of stronger protections for complainants' privacy. Additionally, it recommends mandatory judicial training on digital consent and the creation of a specialized committee to review and improve the legal treatment of digital communications in sexual assault cases. The aim is to protect the dignity and privacy of survivors while ensuring that justice is served in an era of rapidly advancing digital communication.