The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures. The Supreme Court will hear arguments on Friday about whether a child's behaviour during years of alleged sexual assaults raised legitimate doubts about her credibility. "Sexual battery court cases"
The case puts a lower-court judge under a microscope at a time when the judiciary's handling of sexual-assault trials in Alberta, Nova Scotia and Quebec has raised fresh controversy about the justice system's fairness toward abuse victims. The child was in Grade 4 when her stepfather first touched her sexually, she testified.
Over the next six years, when
Sexual battery court cases was between and 16, he touched her in similar ways approximately 50 Sexual battery court cases, and once simulated a sexual act.
She was 17 when "Sexual battery court cases" testified
Sexual battery court cases her stepfather's trial. But Justice Terry Clackson of the Alberta Court of Queen's Bench said there was no evidence that, during those six years, she had kept her distance from her stepfather.
He acquitted the stepfather of sexual assault and sexual interference. The case highlights whether judges are falling back on discredited prejudices about the conduct of victims after an alleged sexual offence, or whether such "postoffence conduct" can raise legitimate questions, for children and adults. In that sense, it is about the definition of reasonable doubt, Sexual battery court cases what can give rise to it in the minds of judges.
It also contains echoes of the trial Sexual battery court cases Jian Ghomeshi in Toronto. The ex-CBC broadcaster was acquitted on the basis of evidence about the three complainants' continued communication with him after the alleged sexual assaults occurred.
The Alberta Attorney-General accuses Justice Clackson of drinking "from the poisoned chalice of myths and stereotypes," adding in its written argument filed with the Supreme Court: The hearing at the Supreme Court comes as the issue of equal justice for victims of sexual offences is pitted increasingly against fairness for those accused. And judges' reasoning in these cases is under the microscope. For many years, appellate courts in Canada have cautioned judges that sexual assault victims should not be expected to behave in a certain way.
Indeed, as Justice Clackson himself put it in his ruling, some may report immediately, while others wait years; some may experience nightmares and other trauma, while some may not. Judges are not permitted "Sexual battery court cases" draw conclusions about their credibility based on stereotyped views of how victims behave.
As in many sexual-assault cases, there were just two witnesses in the case before the Supreme Court: The judge's assessment of credibility was pivotal. But two of the three Alberta Court of Appeal judges who heard a Crown appeal of the acquittal ruled that Justice Clackson had used stereotypical thinking in his reasoning.
Justice Slatter set out a list of seven elements that reasonable doubt should and should not contain. And if postoffence conduct such as declining grades in school or persistent nightmares can help prove someone is guilty, other types of postoffence conduct may support reasonable doubt, he wrote. Ghomeshi, after the fact, which seems out of harmony with the assaultive behaviour ascribed to him.
Edmonton lawyer Kent Teskey, who is representing the accused man in his appeal at the Supreme Court, said in an interview that while postoffence conduct often "tells us nothing," judges and juries need to be able to use their common sense to determine when it is relevant.
If the Alberta appeal court ruling stands, postoffence behaviour would become a Sexual battery court cases zone. We have closed comments on this story for legal reasons or for "Sexual battery court cases." For more information on our commenting policies and how our community-based moderation works, please read our Community Guidelines and our Terms and Conditions. Article text size A. Open this photo in gallery: Sean Fine Justice reporter.
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Understanding a few key aspects of the criminal justice system can take away some of the Many sexual assault cases are resolved through a plea bargain. The case puts a lower-court judge under a microscope at a time when the judiciary's handling of sexual-assault Sexual battery court cases in Alberta, Nova Scotia.
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