The Presumption of Non-Credibility

Sexual violence is a rampant issue that affects millions of individuals around the world and especially women. This thesis will explore the work that the presumption of innocence, Section 11(d) of the Canadian Charter of Rights and Freedoms, does in the sexual assault trial in Canada. By discussing the juridogenic nature of Section 11(d) from an anti-carceral feminist perspective, and combined methods approach, I will demonstrate the both essential and vexatious nature of the presumption of innocence. Due-process procedures render a complainant untruthful by the natural effect of rendering an accused person honest, therefore, I argue that Section 11(d) creates and codifies a presumption of non-credibility on complainants. This reflects epistemic injustice and is especially problematic for survivors, because the issue becomes compounded by rape myths and testimonial injustice. The thesis engages in broader arguments around the call for justice beyond judicial convictions and community commitment to change.

Name thesis:degree_name

Master of Arts (M.A.)

Level thesis:degree_level

Master's

Discipline thesis:degree_discipline

Legal Studies

Grantor dc:publisher

Carleton University

Year dc:date.issued

2025

Author dc:creator

• Nardi-Lamadeleine, Danica Sara

Statement dc:rights

• Copyright © 2024 the author(s). Theses may be used for non-commercial research, educational, or related academic purposes only. Such uses include personal study, distribution to students, research and scholarship. Theses may only be shared by linking to the Carleton University Institutional Repository and no part may be copied without proper attribution to the author; no part may be used for commercial purposes directly or indirectly via a for-profit platform; no adaptation or derivative works are permitted without consent from the copyright owner.

Language dc:language.iso

en

DOI

10.22215/etd/2025-16425

OAI identifier oai:identifier

oai:carleton.scholaris.ca:20.500.14718/43568