New from me, on an Edmonton sexual assault trial that one legal expert says "went off the rails." A judge repeatedly warned defence lawyers about running afoul of rape shield laws during an Edmonton sex assault trial. Their client was acquitted edmontonjournal.com/news/local-n... - ThreadSky

About ThreadSky

jonnywakefield.bsky.social • 27 days ago

New from me, on an Edmonton sexual assault trial that one legal expert says "went off the rails."

A judge repeatedly warned defence lawyers about running afoul of rape shield laws during an Edmonton sex assault trial. Their client was acquitted

https://edmontonjournal.com/news/local-news/edmonton-defence-lawyers-sex-assault-case-rape-shield

Comments

msdobalina.bsky.social•27 days ago

Great look for Edmonton 🤮

jonnywakefield.bsky.social•27 days ago

The complainant was cross examined over three days by a team of three lawyers (which the judge noted was "not usual" for a single count of sexual assault).

The judge repeatedly excused the jury when the defence asked questions that he said violated Canada's rape shield laws

jonnywakefield.bsky.social•27 days ago

Among those questions: was the complainant sexually "active," and did she know a certain sex position, which the lawyer mimed using a chair.

Justice Douglas Mah said those Qs ran afoul of S. 276 of the Criminal Code, which limits questions about a sex assault accuser's prior sexual history.

jonnywakefield.bsky.social•27 days ago

The idea behind rape shield laws is to avoid introducing "twin myth" reasoning to the jury: the idea that a complainant's prior sexual history, with the accused or otherwise, makes them more likely to have consented, or less believable.

jonnywakefield.bsky.social•27 days ago

The defence also asked whether the complainant expressed discomfort during the alleged assault, or tried to resist.

The judge stopped the trial in both cases, saying those questions invite the jury to engage in "rape myths" about how a victim ought to have behaved.

derekcrimlaw.bsky.social•27 days ago

Great article, J. I was vibrating with anger when I first learned about this several weeks ago, and your article confirmed my feelings. Defence counsel have a very difficult and important job. Conduct like this, which rightfully increases the public’s distrust of the system, makes me want to scream

jonnywakefield.bsky.social•27 days ago

Thanks, Derek

Posting Rules

Be respectful to others
No spam or self-promotion
Stay on topic
Follow Bluesky's terms of service

Comments

Posting Rules

Reply