It has been said that a picture is worth a thousand words. In the recent case of R. v. Muvunga, defence counsel will have to use all of them: 2013 ONSC 3076.

 

Mr. Muvunga was charged with three counts of sexual assault.  He chose to be tried before a jury of his peers.  The central issue to be determined was whether the complainant consented to the sexual activity.

Prior to closing submissions defence counsel brought an application to be allowed to use a visual prop in their closing, namely a replica of a Boticelli’s masterpiece “Calumny of Apelles”.  He wished to present the painting as an allegory to make the point that a false accusation is not the invention of criminal defence lawyers.