Within the following test I will be disclosing the crown’s unjust method to convict the respondent of second degree sexual assault. Uncertain the extreme circumstances that hearsay evidence are accepted, the prerequisites include confirmations that she will suffer trauma attempting to give evidence and no additional information will be gained by doing so. Evidence should not be preempted by hearsay unless the trial judge has first had an opportunity to hear the potential witness and form his or her own opinion as to testimonial competence. Additionally, It’s awfully suspicious that the crown made no effort in forming a complete testimony but heavily advocated that the complainant is unsuited to give a testimony. Furthermore, with numerous nurses’ confirmation that the complainant is able to comprehend rudimentary questions it has become apparent that to not testify in court was a tactical decision that leveraged on concerns for the well being of the complainant. As anticipated, this placed the defences in a position where cross examination of complainant was not an