Friday, 25 March 2016

Because It's 2016: Part 3

Further comment on Facebook from Friend 1:

I'm not sure that the argument about the pervasiveness of patriarchy holds water in this instance..and, no, I'm no fan of Ghomeshi. There were three complainants in this case. Each of the complainants, on cross examination, we're seen to have engaged in behavior post-incident that directly calls into question the veracity of their allegations concerning the incidents themselves. This, in turn, goes to the criminal intent of the accused. Now the criminal law in this country is sufficiently nuanced so that you can still get a conviction on certain classes of crimes against persons without having to establish intent (criminal negligence, for example). But assault (simple, aggravated, or sexual) as far as I know does not admit to this elasticity. You have to prove intent, or you cannot convict.

Maybe we need another class of assault charge in which an accused can't hide behind the "being a fab of rough sex" defense....

My only comment on this is that there is no surprise in the fact that Ghomeshi opted for trial by judge rather than trial by jury.

No comments: