How do you challenge credibility in a complainant’s testimony?

When it comes down to one person’s word against another’s, winning or losing often depends on credibility. Skilled defence lawyers successfully challenge  the  credibility of Crown witnesses  as follows:  

• Identifying inconsistencies in prior statements, police reports, and courtroom testimony.

• Questioning the complainant’s ability to accurately remember or perceive what happened.
  Using evidence like text messages, phone records, or security footage to contradict their version of events.

• Cross-examining carefully to expose contradictions in front of the judge or jury.

• Cross-examining to demonstrate improbability and uncover facts which do not accord with logic or common sense. 

• Highlighting any motives to lie, whether it’s personal grudges, custody disputes, revenge  motives or financial gain.

• Applying the R. v. W.(D.) test to show there is reasonable doubt.

• Understanding the rules of evidence — not every detail can be used if it’s irrelevant or barred by evidence laws.

• Showing that serious lies or major contradictions can undermine the entire story.

The bottom line: credibility is not automatic. It must stand up to careful testing in court. When handled properly, credibility and reliability challenges can be the difference between conviction and acquittal.

Keep reading for a detailed look at how this works in practice.

When criminal charges rest on “he said, she said,” your freedom hinges on one critical factor: can the complainant’s testimony be trusted? In Ontario’s courts, many cases are won or lost based on credibility and reliability battles, and knowing how to challenge unreliable testimony can mean the difference between conviction and walking free.

Here’s the reality – complainants aren’t automatically believed just because they make accusations. The law provides powerful tools to test their credibility, expose inconsistencies, and reveal when their testimony simply can’t be trusted beyond a reasonable doubt.

 

 

What exactly makes a witness credible or not?

Credibility boils down to two simple questions: Is this person telling the truth, and can their memory be trusted? Even honest people can give unreliable testimony due to poor memory, limited perception, or bias affecting how they interpret events.

Courts look at several factors when deciding whether to believe someone. Does their story stay consistent across multiple tellings? Do they have reasons to lie or exaggerate? Were they in a position to accurately see or hear what they claim happened? Can other evidence back up their account?

The burden always remains on the Crown to prove guilt beyond a reasonable doubt. If there are legitimate questions about a complainant’s credibility or reliability,  those doubts must be resolved in your favor. That’s not a technicality – it’s a fundamental protection against wrongful convictions.

 

 

How do lawyers find cracks in a complainant’s story?

The investigation starts long before anyone steps into a courtroom. Defence lawyers systematically compare every statement the complainant has made – police reports, 911 calls, witness interviews, preliminary hearing testimony, even casual conversations with friends or family.

Inconsistencies often emerge when you line up these different accounts. Maybe the complainant told police one thing happened at 9 PM, but later testified it was 11 PM. Perhaps they initially said they’d been drinking, but later claimed they were completely sober. These contradictions matter because they show the testimony can’t be relied upon.

Modern life leaves digital footprints everywhere. Text messages, emails, social media posts, and phone records can all contradict a complainant’s version of events. Security camera footage might show something completely different than what they claim happened. GPS data can prove someone wasn’t where they said they were.

But there are rules about what evidence can be used. The collateral fact rule prevents lawyers from introducing evidence solely to make someone look bad on unrelated issues. However, evidence showing prior inconsistent statements,  bias, motives to lie, or problems with memory and perception can often be presented to challenge credibility.

 

 

What happens during cross-examination in court?

Cross-examination is where credibility challenges come alive. This is the defence lawyer’s chance to directly confront the complainant with inconsistencies and expose problems with their testimony.

The most dramatic moments often occur when lawyers present complainants with their own contradictory words. Under the Canada Evidence Act, the witness must first be shown the specific parts of their prior statement before being confronted with the contradiction. This process can be devastating when done skillfully.

Lawyers also challenge the complainant’s ability to accurately perceive and remember events. Was it dark? Were they far away? Had they been drinking? Were they upset or distracted? All these factors can affect how reliable their observations really are.

In sexual assault cases, special rules under Section 276 limit what can be discussed about a complainant’s sexual history. These “rape shield” provisions ensure trials stay focused on relevant evidence while protecting privacy rights.

 

 

Why do some complainants have reasons to lie?

Not every complainant deliberately lies, but many have motivations that can affect their testimony. Relationship breakdowns, custody battles, and financial disputes can all create incentives to exaggerate or fabricate allegations.

Sometimes complainants facing their own criminal charges make deals with prosecutors – their testimony in exchange for reduced sentences or dropped charges. These arrangements create obvious incentives to say whatever prosecutors want to hear.

Personal grudges, workplace conflicts, and family feuds can also motivate false accusations. The goal isn’t to attack someone’s character, but to provide context that helps explain why their testimony might not be completely reliable.

Financial motivations matter too. Pending civil lawsuits, insurance claims, or other monetary benefits that depend on a criminal conviction can create powerful reasons to ensure someone gets convicted, regardless of what actually happened.

 

 

How does the judge decide who to believe?

Judges can’t simply choose which story they prefer. The Supreme Court established a specific three-step process in R. v. W.(D.) that judges must follow when dealing with conflicting testimony:

Step 1: If the judge believes the accused’s testimony, they must find them not guilty. Simple enough – if your version is accepted as true, the Crown has failed to prove guilt beyond a reasonable doubt.

Step 2: Even if the judge doesn’t believe the accused’s testimony, if it still raises reasonable doubt, a judge or jury must find the accused not guilty. This step is crucial because it means your testimony doesn’t have to be believed to help your defence.

Step 3: Even if the accused’s testimony doesn’t create doubt, the judge or jury must still ask whether the Crown’s evidence alone proves guilt beyond a reasonable doubt. If not, the accused must be acquitted. In other words,  a judge or jury could completely reject the evidence of an accused and still find them not guilty if they are left in a reasonable doubt.

This framework prevents trials from becoming simple popularity contests where judges pick their favorite witness. It keeps the burden of proof squarely on the Crown throughout the entire process.

 

 

What about unreliable Crown witnesses?

Sometimes the Crown’s case relies on witnesses who are so problematic that judges must issue special warnings. Vetrovec warnings alert courts to the dangers of relying on testimony from witnesses with extensive criminal records, those who’ve made deals with prosecutors, or others with strong motives to lie.

These warnings typically apply to accomplices or informants, but they can sometimes be given for complainants whose credibility is seriously compromised. For example,  if a complainant has an extensive criminal record for crimes of dishonesty, a Vetrovec warning may be required.  The warning doesn’t prevent conviction, but it tells the court to look very carefully for corroborating evidence before relying on such testimony.

 

 

Can you be convicted on one person’s word alone?

Yes, legally you can be convicted based entirely on one person’s testimony, but that testimony must be credible and reliable beyond a reasonable doubt. There’s no requirement for corroborating evidence in most criminal cases.

However, when cases rely entirely on one person’s word, courts are particularly careful in their credibility analysis. Any significant credibility or reliability issues can create the reasonable doubt necessary for acquittal. That’s why thorough credibility challenges are often the most effective defence strategy in testimonial cases.

 

 

What if the complainant gets caught lying?

Perjury – lying under oath – is a serious criminal offence, but proving someone deliberately lied can be challenging. More importantly for your case, evidence that a complainant may have been  untruthful or mistaken about material facts can destroy their overall credibility and reliability. 

Courts understand that minor inconsistencies about peripheral details are normal – human memory isn’t perfect. But material inconsistencies about core elements of the alleged offence can be devastating to the Crown’s case. The key is whether the inconsistencies relate to essential facts that must be proven for conviction.

 

 

Why can’t defence lawyers ask about everything?

Evidence rules ensure trials stay focused on relevant issues rather than becoming character assassination exercises. The collateral fact rule prevents introducing evidence solely to make someone look bad on unrelated matters. However, evidence showing bias, motive to lie, or problems with perception and memory can often be presented.

Constitutional protections and privacy laws also limit what personal information can be explored. Defence lawyers must balance the accused’s right to make full answer and defence with these important protections.

 

 

How do prosecutors fight back?

The Crown won’t simply accept challenges to their key witness’s credibility. After cross-examination, prosecutors get another chance to question the complainant during re-examination, trying to “clean up” any damage and explain away inconsistencies.

Prosecutors might call other witnesses to corroborate the complainant’s account or present physical evidence supporting their version of events. They’ll argue that minor inconsistencies are normal and don’t affect the core reliability of the testimony.

Understanding these tactics helps defence teams prepare counter-strategies and ensures they’re ready to respond to the Crown’s rehabilitation efforts.

 

 

What makes credibility challenges successful?

Effective credibility challenges require thorough preparation, detailed investigation, and skilled courtroom advocacy. The work begins months before trial with careful evidence gathering and strategic planning.

Success often depends on presenting a compelling narrative that ties all the credibility issues together. It’s not enough to point out individual inconsistencies – the defence must show a pattern of credibility or reliability problems that creates reasonable doubt about the entire testimony.

The difference between successful and failed credibility challenges usually comes down to the skill and experience of legal counsel. Understanding these concepts is important, but executing them effectively in high-pressure courtroom situations requires years of specialized training.

When facing criminal charges where credibility will be central to your case, having experienced legal representation can make the difference between conviction and acquittal. The stakes are too high to rely on anything less than skilled advocacy that understands both the legal framework and practical realities of credibility challenges.

For individuals facing criminal charges across Ontario, contact Kruse Law Firm for a confidential consultation. Our criminal defence lawyers serve clients throughout the province, with offices conveniently located in London, Windsor, Toronto, and Kitchener. Each location provides the same high standard of criminal defence representation, ensuring that clients across Ontario have access to experienced legal counsel when they need it most.