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The Supreme Court Ruling on The New Rules of Evidence In Sexual Assault Trials - Toronto Criminal Defence Lawyers

bloodfuel

July 25, 2022
60 upvotes
/r/MensRights
https://nrlawyers.com/the-supreme-court-ruling-on-the-new-rules-of-evidence-in-sexual-assault-trials/
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Title The Supreme Court Ruling on The New Rules of Evidence In Sexual Assault Trials - Toronto Criminal Defence Lawyers
Author

bloodfuel

Upvotes 60
Comments 20
Date July 25, 2022 2:26 AM UTC
(3 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/w7cwe6/the_supreme_court_ruling_on_the_new_rules_of/
Archive Link https://theredarchive.com/r/MensRights/the-supreme-court-ruling-on-the-new-rules-of.1124939
https://theredarchive.com/post/1124939
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Comments

[–]DavidByron2 43 points44 points45 points 3 years ago (18 children) | Copy Link

Basically the Canadian law courts now treat the male defendant as if they were presumed to be guilty, not innocent. As such whereas in a normal court case theprosecution must disclose all the evidence they have tending to show guilt, not the defence must provide the prosecution all the evidence they have tending to show innocence -- this is to stop them providing any further evidence of innocence once the trial starts. In other words the rules have been flipped wrt innocent / guilty.

Nice job Canada. Male = guilty.

the majority began their reasons with statements about the low conviction rates in sexual assault crimes

A typical feminist "argument". Too many innocent men are being let off without punishment so the courts must rig the process.

Some objected:

unprecedented and unconstitutional erosion by Parliament of the fair trial rights of the presumptively innocent ⸺ who, it should be borne in mind, will sometimes be actually innocent. It seriously impedes the ability of such persons to prove that innocence, by making presumptively inadmissible all private records relating to the complainant that are in the possession of the accused and which the accused intends to adduce in a sexual offence prosecution. It is the only evidentiary rule that mandates pre‑trial disclosure of defence evidence and strategy, before the Crown has made out a case to meet, and even where the evidence sought to be relied on is neither irrelevant nor inherently prejudicial.

The flaw in the argument is that it assumes some men might be innocent which of course is false under feminist ideology that says all men are rapists. Now Canada's highest court agrees.

[–]rabel111 9 points10 points11 points 3 years ago (0 children) | Copy Link

This is a major blow to justice and the presumption of innocence in Canada, intended to increase conviction rates regardless of guilt. Important evidence that might assist the accused is now likely to be rejected on procedural grounds. How many innocent men will be imprisoned by these fascist laws?

[–]OldEgalitarianMRA 4 points5 points6 points 3 years ago (0 children) | Copy Link

Men are truly second class citizens in the feminist utopia of Canada.

[–][deleted] 3 years ago (15 children) | Copy Link

[permanently deleted]

[–]Fearless-File-3625 25 points26 points27 points 3 years ago (10 children) | Copy Link

I really doubt 96 percent of sexual assault reports are false

Why?

There are no repercussions for filing a false complaint.

[–]rkorgn 6 points7 points8 points 3 years ago (0 children) | Copy Link

It's closer to a 50-60% conviction rate at trial in the UK. The recent collapse of rape cases when mobile phone evidence from the alleged 'victims' was withheld from the defence, would show that there is a gap between what women are encouraged to call rape, and what the law considers to be rape and more importantly, sufficient evidence of such.

[–][deleted] 3 years ago (8 children) | Copy Link

[permanently deleted]

[–]ripenil 15 points16 points17 points 3 years ago (2 children) | Copy Link

While an unpunished offender is bad, a punished innocent is FAR worse. It fundamentally erodes trust in the justice system, if many are found guilty despite not being it, the people will have little reason to believe conclusions of the justice system, and thus they may feel perfectly justified in resisting with all means.

[–][deleted] 3 years ago (1 child) | Copy Link

[permanently deleted]

[–]Imaginary-Luck-8671 5 points6 points7 points 3 years ago (0 children) | Copy Link

How, when it's entirely based on a womans feelings, both before and after the event?

If you decide to accuse someone of rape because they don't make as much money as you thought, you don't deserve to be believed.

And yet this has not only happened, but has also been codified into law in some countries. India, for example, considers deception around income to count as rape.

Whereas deception from the woman in getting sex isn't criminalized anywhere, and men in most countries can't even get being drugged and forced to impregnate someone to be considered as rape

Edit:

Consider the lying about birth control angle, as well.

A man lies about birth control (condom or vasectomy, as those are the only options) is considered sexual assault and rape.

A woman lies about it? FUCKING NADA, SHOULDA KEPT IT IN YOUR PANTS

[–]Fearless-File-3625 7 points8 points9 points 3 years ago (2 children) | Copy Link

There are many things people do that are not fun.

[–][deleted] 3 years ago (1 child) | Copy Link

[permanently deleted]

[–]Fearless-File-3625 8 points9 points10 points 3 years ago (0 children) | Copy Link

I am not making an argument that 96% are false.

You " So lots of guilty people are getting off too.", so you are making the argument that majority of that 96% are true with ANY EVIDENCE whatsoever.

[–]GnomeChompy 2 points3 points4 points 3 years ago (1 child) | Copy Link

Because putting yourself through that process is not fun.

It is if you are a sadomasochist.

[–]Imaginary-Luck-8671 1 point2 points3 points 3 years ago (0 children) | Copy Link

Or if you get something out of it, like half of a famous movie actor's money

[–]WeEatBabies 9 points10 points11 points 3 years ago (1 child) | Copy Link

In a world where a woman's word alone can land a man in prison, conviction rate are 3-4% ...

That how false theses accusations are, let it sink in!

[–]Imaginary-Luck-8671 1 point2 points3 points 3 years ago (0 children) | Copy Link

Yeah, that they immediately jump to "All those women were raped and then not believed, our justice system is broken!" speaks volumes

[–]DavidByron2 7 points8 points9 points 3 years ago (0 children) | Copy Link

How do you know its innocent men

Because they were found not guilty in a court of law already biased against them.

Conviction rates for sex assault are like 3 or 4 percent

That means massively more innocent people are charged with these crimes than guilty people. That's a political decision to terrorize the innocent. That's a fact. If a prosecutor knows they can't win and they bring the case anyway there's only one reason for it - corruption. They are deliberately making the choice to terrorize people they know will get a result of not guilty. Very expensive and fundamentally unjust but they do it because of the feminist program of hate.

I really doubt 96 percent of sexual assault reports are false

I'm sure it's far more than 96%. But we already know it's corrupt because even if a prosecutor somehow knew for a fact (which of course they cannot know) that someone is guilty but they also know they don't have any evidence and won't get a conviction, then it's prosecutorial abuse to bring that case to trial.

federal prosecutors have a 99.6% conviction rate

https://www.doarlaw.com/blog/2021/04/what-you-should-know-about-the-federal-governments-conviction-rate/#:~:text=Data%20published%20by%20the%20Pew,only%20320%20resulted%20in%20acquittals.

So for crime in general it's 99.6% and you're saying for rape it's 3%? If that's true then it's utter corruption by the prosecutors in rape cases. If they behaved the same as other cases their conviction rate would be similar. That means (if your figures are correct - which I doubt they are) they are prosecuting 97 innocent men for every guilty one.

[–]TheRabid 5 points6 points7 points 3 years ago (0 children) | Copy Link

Conviction rates for sex assault are like 3 or 4 percent and I really doubt 96 percent of sexual assault reports are false. So lots of guilty people are getting off too.

How many people do you think are guilty and got off? What’s a reasonable conviction rate for you?

[–]ZimbaZumba 2 points3 points4 points 3 years ago* (0 children) | Copy Link

Notably the majority began their reasons with statements about the lowconviction rates in sexual assault crimes and statistics showing that itis severely under-reported. With numbers of convictions in mind, themajority declared in para 2: “More needs to be done.”

WTF This is the Supreme Court!

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