Scenario

Kerri Williams was in her second year at university. She had met Brian Sugarman in her introductory psychology class. They didn't know each other very well but had a few classes together and knew some of the same people. Kerri thought Brian was cute and told her friends that she'd go out with him if he asked.

Brian had been dating a female from his high school for almost three years. Brian had gone off to university and his girlfriend stayed in town and went to a local community college. Brian's girlfriend decided she no longer wanted a long-distance relationship. She broke up with Brian just before reading break. Brian was upset but decided there were lots of women at university he could go out with instead. He figured it would be his ex-girlfriend's loss. That weekend, a friend of Kerri's and Brian's had a house party to mark the end of reading week. Both Kerri and Brian went to the party.

At the party, Kerri and Brian started chatting and were having a good time together. Both Kerri and Brian had a couple of drinks but neither considered themselves drunk. As the party was breaking up, around 2:00am, Brian asked if Kerri wanted to go back to his room in residence to "hang out". Kerri said, "Sure". While in Brian's room, Brian and Kerri started to get intimate. After a few minutes though, Kerri repeated that she should go. Kerri and Brian had intercourse and the next morning, Kerri claimed that Brian sexually assaulted her. Brian agreed that they had sex but insisted that is was consensual. Brian claimed that Kerri could have left at any time.

The case went to trial and the judge allowed the defence to question Kerri on her sexual history. Kerri stated that she had, in the past, had intercourse with five other boyfriends; however, she stated that she did not want to have intercourse with Brian that night.

Instructions

Take on the role of a juror, and with the information you have from the case above, make a verdict decision as to whether or not Brian is innocent or guilty of sexual assault. Here are some questions to consider as you determine your answer:

• Do you think Brian sexually assaulted Kerri?
• Would you change your verdict if you did not know about Kerri's sexual history?
• Do you think an alleged victim's sexual history is relevant?
• Should the history be admissible in court?