At Vayeghan Litigation, we are proud to have played a role in a case that has now become a leading authority on the admissibility of sexual history evidence in sexual assault trials. Mr. Mo Vayeghan served as appellate counsel at the British Columbia Court of Appeal in R. v. Kinamore, a case that ultimately reached the Supreme Court of Canada, where the conviction was overturned and a new trial was ordered. This decision carries important implications for anyone facing sexual assault charges in Canada.
Our involvement in this high-profile case reflects the level of commitment and sophistication we bring to criminal defence and appeal work. Whether you are seeking the best criminal defence lawyer, the best sexual assault lawyer, or the best appeal lawyer in Vancouver, our team is equipped to defend your rights at every level of court.
Case Overview: R. v. Kinamore
Mr. Kinamore was charged with sexual assault after meeting the complainant through a motorcycle shop. They communicated via social media for several months before meeting at his apartment, where the alleged assault occurred. At trial, both parties testified—Mr. Kinamore said the encounter was consensual, while the complainant alleged a sexual assault.
The Crown introduced a series of social media messages exchanged before the meeting, in which the complainant repeatedly expressed that she did not want a sexual relationship with Mr. Kinamore. The trial judge admitted these messages into evidence without holding a voir dire, a mandatory hearing required for evidence related to a complainant’s sexual history.
Mr. Kinamore was convicted and appealed to the British Columbia Court of Appeal. Mr. Vayeghan acted as appellate counsel at that level, arguing that the trial judge erred in admitting the evidence without a voir dire. Although the BCCA dismissed the appeal, the matter was taken further to the Supreme Court of Canada.
The Supreme Court’s Ruling
On June 13, 2025, the Supreme Court of Canada allowed the appeal, quashed the conviction, and ordered a new trial. Writing for a unanimous bench, Chief Justice Wagner clarified that evidence of a complainant’s sexual inactivity—such as saying they are not interested in sex—is indeed part of their sexual history under Canadian law. As such, it is presumptively inadmissible and cannot be admitted without a voir dire.
The Court emphasized that these safeguards apply not only when the defence introduces such evidence, but also when the Crown seeks to use it, reinforcing the principle of trial fairness.
Because the trial judge relied on this inadmissible evidence in assessing the credibility of both the complainant and the accused, the error was not harmless. The Court concluded that a new trial was necessary to ensure fairness and compliance with the Criminal Code’s evidentiary protections.
Why This Case Matters
R. v. Kinamore will serve as a touchstone for how Canadian courts handle sexual history evidence in sexual assault cases. The decision reinforces the importance of procedural fairness and proper safeguards in all criminal trials involving sensitive issues.
The judgement of the Supreme Court of Canada on this case can be accessed by clicking here.
Trusted Criminal and Appeal Representation in Vancouver
Whether you’re facing charges or seeking to challenge a conviction, it is crucial to have legal counsel with proven experience in appellate advocacy and complex sexual offence litigation.
Vayeghan Litigation provides skilled and compassionate representation to clients across British Columbia. If you are searching for the best criminal defence lawyer, best sexual assault lawyer, or best appeal lawyer in Vancouver, contact us today to schedule a confidential consultation.
