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Couldn't you just keep your knees together?
Topic Started: Nov 10 2015, 04:12 PM (991 Views)
Darcie
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Skeptic
Federal Court judge under review for berating sex assault complainant

Quote:
 
The Canadian Judicial Council is reviewing the conduct of a Federal Court judge who questioned the efforts of a sexual assault complainant to fend off her attacker.

The council announced Monday it will review the behaviour of Robin Camp during a 2014 case he adjudicated while serving as an Alberta Provincial Court judge. The case involved the alleged rape of a 19-year-old woman by a Calgary man, whom she accused of sexually assaulting her over a bathroom sink during a house party.

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The review comes after a complaint from four law professors at Dalhousie University and the University of Calgary who described Camp as "dismissive, if not contemptuous" toward sexual assault laws and the rules of evidence.


http://www.cbc.ca/news/politics/canada-judge-judical-review-robin-camp-1.3311574?cmp=rss&cid=news-digests-edmonton

This is unbelievable.
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FuzzyO
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Trotsky
Nov 11 2015, 02:04 AM
The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise, under Article 14 (7):


No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
Then why do appeals exist?
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Durgan
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Veteran Member
The Canadian practice is to keep trying a case until; the desired outcome is obtained. This has often
insulted my sense of justice. Appeals are often proceeded with on technicalities if no other evidence is presented.


Was this a jury case?

Just because the female cried rape doesn't mean the other party is automatically guilty. PROVE IT. Or cajole the defendant into plea bargaining after subjecting him to all but the rack.
Edited by Durgan, Nov 11 2015, 02:33 AM.
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Darcie
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Skeptic
:crying: We have a long way to go.

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Trotsky
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Big City Boy
When should the behavior or the feelings of the judge be cause to punish a defendant?

Quote:
 
Then why do appeals exist?


Appeals exist to prevent miscarriage of justice against an innocent person found GUILTY. A person found INNOCENT is protected against endless state appeals by "double jeopardy" rules.
The reasons for this are clear: the state is BIG and can afford endless prosecution, whereas a defendant is SMALL and cannot.

It seems clear to me that if a judge is incompetent, only HE should bear the brunt of prosecution, not a person that a jury found NOT GUILTY.

Quote:
 
Just because the female cried rape doesn't mean the other party is automatically guilty.

Especially if she cried rape several weeks later (after he didn't call when he said he would or after she saw him with another woman.)
Edited by Trotsky, Nov 11 2015, 02:47 AM.
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Durgan
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The judge in this case is grovelling and apologizing to all and sundry. A true gutless wonder. I suspect the questions asked by the judge were relevant. Actually I am surprised that the judge even got involved in the evidence by asking questions. We have an adversity system and the crown and defense present the the facts as they see then and try to refute anything contrary to their case. Truth plays no part in the final analysis.
Edited by Durgan, Nov 11 2015, 02:54 AM.
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FuzzyO
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I think the bigger issue is the judge's victim-blaming. Perhaps that is what provides the grounds for an appeal.
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Bitsy
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Trotsky, I am a little confused by this also. But, if judicial misconduct by a judge is found to exist in a court, can't all of his cases be called into question and new trials ordered?

Oh I am beginning to understand a little more now. If I am right, this case came under review not because of an appeal by the victim but because he was being promoted from the provincial court to the Federal Court. Guess the vetting raised questions about his ruling.

Edited by Bitsy, Nov 11 2015, 03:01 AM.
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campy
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Handyman Extraordinaire
It's a close call between consent and rape especially if a party and drinkimg is going on.

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margrace
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Gold Star Member
A lady who lived near us and this is violence against women which I consider the same as rape, a few years ago saw her husband drive up to the house and then go to sleep. She knew he was drunk and that she would get another beating so she took the shot gun out and shot him. She was charged with murder and the case went on for a year before she was discharged.

Now we have a case in southern Ontario where a man beat a women to death and claimed he didn't do it. He just lost his case the jury didn't believe him

A young mentally challenged girl who worked in a school for the deaf told her boss that this man had raped her. He encouraged her to go to the police and the man was charged.

Several days later a group of his friends picked her up and gang raped her.

If I remember rightly they were all convicted of rape and my Dad and mother had a tremendous fight because of the long held belief that she asked for it.

This has been a long hard fight for a lot of women and it is still going on isn't it.
Edited by margrace, Nov 11 2015, 03:33 AM.
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Trotsky
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Big City Boy
campy
Nov 11 2015, 03:10 AM
It's a close call between consent and rape especially if a party and drinkimg is going on.

I always see it as a close call between SEDUCTION and Rape. (Of course some people would say there is no distinction.)
Edited by Trotsky, Nov 11 2015, 05:36 AM.
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Darcie
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Skeptic
If a woman says NO and a man cannot control himself and has intercourse with her anyway is that seduction by her and not rape?
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swing
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swing
If a woman says NO and a man cannot control himself and has intercourse with her anyway is that seduction by her and not rape?

Seduction be damned it's RAPE. Keep your knees together ~ what a jerk!
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Dana
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WWS Hummingbird Guru & Wildlife photographer extrordinaire
Looks like very few women who have been raped in Canada ever make it to court and then with very few convictions as a result. This leads most assaulted women to remain silent.

http://www.theglobeandmail.com/news/national/how-canadas-sex-assault-laws-violate-rape-victims/article14705289/?page=all

Quote:
 
But if these women are hoping for more than support – if they are hoping for justice – the phones might as well keep ringing.

Less than half of complaints made to police result in criminal charges and, of those charges, only about one in four leads to a guilty verdict.

Women know this. Which explains why, according to the best estimates, roughly 90 per cent of sexual assaults, even those referred to crisis lines, are never brought to the attention of the authorities.

Queen’s University law professor Pamela Cross, an expert on sexual assault, says that if someone she knows personally were attacked, “I would advise thinking very hard” before calling the police.

It wasn’t supposed to be this way. Thirty years ago, after decades of pressure by victims’ advocates, there was a revolutionary change to the Criminal Code – starting with the very word rape.

The idea was to change culture, not just laws, to acknowledge that sex crimes are not about sex, but acts of physical and psychological violence, and to make it clear that victims should not be blamed but emboldened to seek redress.

Instead of the loaded word rape – with all its moral and social baggage – three levels of sexual assault were written into law, each level of escalating gravity.

But getting rid of the legal term “rape” didn’t stop it. In fact, many argue that it profoundly defanged the justice system and has resulted in lighter – not tougher – sentencing.


Yes, why bother complaining with anything other than a gun !
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campy
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Handyman Extraordinaire
I think she did keep her knees together.

Over a sink? How could you do otherwise.?

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Trotsky
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Big City Boy
campy
Nov 11 2015, 06:14 AM
I think she did keep her knees together.

Over a sink? How could you do otherwise.?

I took it as an attack from the rear with her bent over the sink. I cannot imagine SITTING in the sink with the faucet trying to wedge apart two vertebra.
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