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by Tannis on September 1, 2009

in Advocacy


ladylawyer1Every Thursday, Confabulous’ resident lawyer Tannis A, Køb discount dostinex. Ordering dostinex no rx, Waugh discusses the most interesting legal issues emerging in popular culture and addresses your burning law-related queries. Want to contest a parking ticket, Køb billige dostinex. Dostinex without prescription, Can’t help you. Got a legal question for our in-house LLB, buy dostinex. Drop her a line at tannis [at] confabulous [dot] ca, goedkope dostinex apotheek. αγοράσετε dostinex, Note: Nothing in this column constitutes legal advice in any jurisdiction and is for information and discussion purposes only. If you have a legal problem, ordering dostinex, Order dostinex without prescription, consult a lawyer in your jurisdiction immediately.



Regardless of what branch of feminism one identifies with, it’s fairly trite that a common complaint across the board is breaking down the stereotype that men only rape pretty women or women that the rapist is attracted to.



We know already that rape and sexual assault are not about sexual attraction but rather, Jotta dostinex verkossa, New Jersey NJ N.J. , about power and control. As such, the relative attractiveness of the victim is, order dostinex, Dostinex online, of course, completely irrelevant.



Not so to a southern Ontario Judge tasked with presiding over the sexual assault trial of a man only identified as M.F, South Carolina SC S.C. . Købe dostinex online, to protect the identity of his victims who were related to him.



The Ontario Court of Appeal has just overturned the conviction and sentence of M.F. for a legal error. The crown attorney, generic dostinex, Buy dostinex from canada, while cross-examining M.F., asked him questions about the attractiveness of his nieces which the Court of Appeal determined was a legal error that warranted overturning the conviction.



Justice Simmons of the Ontario Court of Appeal, buy dostinex online without prescription, Dostinex pharmacy, unanimously writing for the Court, noted, North Dakota ND , Comprar dostinex, “such a line of questioning would appear to be premised on a stereotypical assumption that only pretty females are sexually assaulted…there is no empirical support for such an assumption and questions about whether the appellant considered his nieces pretty were therefore wholly irrelevant to the issues at trial.



As a lawyer, I’m not entirely sure that the questioning on the relative attractiveness of the victims in question would have swayed the decision to convict in this particular case; however, Oklahoma OK Okla. , Comprare dostinex sconto, the Court of Appeal decision leaves me with a lot of hope for the state of our justice system and the treatment of sexual assault victims within it.



M.F. had opted for a Judge-alone trial and the Judge did reference the questioning in the decision noting that M.F, dostinex farmacia a buon mercato. Buy dostinex c.o.d., was evasive when asking questions about pornography and the attractiveness of his nieces when referring to the credibility of M.F. Nonetheless, they were mentioned in the trial court Judge’s decision as a factor leading to the conviction and as a result, were properly found to be legal errors.



It seems to me that these comments would also apply on the flip side. In the event that a defence lawyer were to ask questions about the relative attractiveness of the victim or in the event that the accused made statements about how he could not have raped the victim because of her lack of attractiveness, such statements could not be relied upon in the reasons for judgment to acquit.



It would have been great if the original trial judge had recognized the irrelevance of the attractiveness of the victims and hadn’t thought it necessary to rely on the answers to irrelevant questions to assess the credibility of the accused but it’s pretty damn great that the Ontario Court of Appeal was so unequivocal about the fact that such an inquiry is indeed an error.


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