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Halifax Taxi Driver Found Not Guilty Of Sexual Assault Of Woman Who Was Drunk. Judge: "“a lack of memory does not equate to a lack of consent.”"

ghebert001

March 2, 2017
65 upvotes
/r/MensRights
http://www.theglobeandmail.com//news/national/halifax-taxi-driver-found-not-guilty-of-sexually-assaulting-woman-who-was-drunk/article34184036/?cmpid=rss1&click=sf_globe
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Title Halifax Taxi Driver Found Not Guilty Of Sexual Assault Of Woman Who Was Drunk. Judge: "“a lack of memory does not equate to a lack of consent.”"
Author

ghebert001

Upvotes 65
Comments 15
Date March 2, 2017 5:21 PM UTC
(9 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/5x4j1g/halifax_taxi_driver_found_not_guilty_of_sexual/
Archive Link https://theredarchive.com/r/MensRights/halifax-taxi-driver-found-not-guilty-of-sexual.930634
https://theredarchive.com/post/930634
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Comments

[–][deleted] 13 points14 points15 points 9 years ago (3 children) | Copy Link

I hate it when journalists get basic facts wrong. And IMHO it is important because they are trying to say "All judges must be trained".

The ruling comes days after a judge in St. John’s, N.L., acquitted police Const. Doug Snelgrove of sexually assaulting an inebriated woman in a case that hinged on consent and sparked protests over what consent means under the law.

It wasn't a judge that acquitted the person, it was a jury.

[–]Machnow 2 points3 points4 points 9 years ago (1 child) | Copy Link

i post on that papers site. the comments on that article are depressing. The internet has certainly created a whole lot of "internet legal experts".

I'm Canadian, my prediction; criminal code changes are a comin soon. bet any money. Our feminist justice minister has already said they are working on it....6 months ago. it will be a shitstorm of epic proportions.

[–]feedmecarrots 0 points1 point2 points 9 years ago (0 children) | Copy Link

There is a wealth of speculation that a whole separate branch of the courts will be created to try sexual cases. That they will be essentially rubber stamps for the accuser and prosecution.

[–]rg57 0 points1 point2 points 9 years ago* (0 children) | Copy Link

it was a jury.

To be clear, what you mean is that while THIS case was decided by judge, ANOTHER case was decided by jury and would not be directly affected by training judges (but might be indirectly affected).

CBC says "Judge Gregory Lenehan found Bassam Al-Rawi, 40, not guilty Wednesday following a two-day trial in February in Halifax provincial court"

TheStar.com says: "Judge Gregory Lenehan ruled the Crown failed to prove beyond a reasonable doubt that the woman did not consent to sexual activity with driver Bassam Al-Rawi. .... The ruling came days after a jury in St. John’s, N.L., acquitted police Const. Doug Snelgrove of sexually assaulting an inebriated woman he was driving home from a bar while on duty, in a case that sparked a protest outside police headquarters."

[–]n0ahbody 9 points10 points11 points 9 years ago (6 children) | Copy Link

Finally some sanity from the courts

[–]chocoboat 3 points4 points5 points 9 years ago* (4 children) | Copy Link

I have to say this is a pretty damn questionable case of "consent". I don't believe for a second that a passing-out drunk woman really wanted to get it on with a random cab driver.

And this part of the article is important too:

MacKay said the cases in Halifax and St. John’s both involve people in positions of trust, which makes the issue of consent more complex.

“Even if there was factual consent, if you’re a police officer giving someone a drive home or you’re a taxi driver giving a young woman a ride, surely there’s a right to expect ... trust will not be broken in terms of sexual contact. That’s the other element that links these two and makes them problematic.”

To be honest I'm surprised this didn't lead to a conviction, with the way that men can get convicted from a story alone. Here's a cop literally catching the guy with his pants down, and no conviction.

But I don't know the other details of the case, and "innocent until proven guilty" is very important to uphold. From the available info it sure sounds like he might have gotten away with rape. And with the insane political climate we're in, I can't help but wonder if the Canadian jury gave a favorable decision to the cab driver because he's a Muslim immigrant. But let's be honest, Muslim immigrants are... let's say "less used to" Western ideas about consent.

I see that some feminists are protesting this outcome, and I'm glad to see them doing it.

[–]rg57 2 points3 points4 points 9 years ago (1 child) | Copy Link

If being drunk means you're responsible for the car crash you caused when you fell asleep while driving, then it also means you're responsible for the sex you had, during which you fell asleep.

[–]chocoboat 1 point2 points3 points 9 years ago (0 children) | Copy Link

Only if you chose it before you fell asleep though. If someone dumps in you the driver's seat while you're unconscious and starts the engine, you don't deserve to face DUI charges.

[–]Whanny 0 points1 point2 points 9 years ago (1 child) | Copy Link

I agree with what you say. This is very suspect indeed. Though he wasn't caught with his pants down. She was the one with her pants off.

I really don't know what to say. On one hand it looks like he had sexual encounters with someone unconscious but on the other hand maybe she agreed and he didn't realise she had passed out.

That judge was in a very hard spot.

[–]chocoboat 0 points1 point2 points 9 years ago (0 children) | Copy Link

His own zipper was undone and his pants were partly pulled down

[–]Satansyngel 0 points1 point2 points 9 years ago (4 children) | Copy Link

Lack of evidence is not evidence of absence.

[–]rg57 1 point2 points3 points 9 years ago (1 child) | Copy Link

Unlike in science, the law has a presumed default. People are presumed innocent, until proven guilty.

[–]Satansyngel -1 points0 points1 point 9 years ago (0 children) | Copy Link

As a matter of law sure.

[–]ghebert001[S] 1 point2 points3 points 9 years ago (1 child) | Copy Link

That argument doesn't really hold up in a court of law...innocent until proven guilty. Simply not remembering what happened, in and of itself, is not evidence that anything unlawful happened or didn't happen.

[–]Satansyngel -1 points0 points1 point 9 years ago (0 children) | Copy Link

It did hold up as you said.

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