Judge's Concerns OFF THE WALL

Thursday, August 26, 2010 - 12:00pm - 1:00pm


Hamilton Court House
Corner of Main Street and John Street
Hamilton, ON L8N 2B7
Phone: 905.525.4573
Fax: 905.525.7085
43° 15' 17.0568" N, 79° 52' 1.3188" W

Background:  A rape trial was stopped because the alleged victim was deemed undeserving  and the jury, incapable of assessing fact from supposition.  The judge had 'major concerns' about the woman's credibility.

Concern #1
Because the woman alleged she had been raped more than once, she is less worthy of belief.  In other words, if you've been raped once, you cannot be raped again.  
Concern #2
The woman's 'demeanour' was 'off the wall'.  In other words, there is a 'right' and a 'wrong' way to react to being raped and/or to testifying or being cross-examined in a courtroom.
Concern #3
The woman had the appearance of being 'strung out on drugs.'  In other words, if you use substance, you cannot be believed and even a judge with no expertise in substance use, knows when someone is 'strung out on drugs'.
Assumptions and myths about rape , not evidence drove the decision to stay the charge.

No other charge within the Criminal Code of Canada brings as much scrutiny to the complainant as does sexual assault. 

Join us in demanding that the legal system stop blaming survivors and educate themselves about the realities of sexual assault.