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Canada hockey business | what:
The five hockey players accused of sexual assault was acquitted Thursday, after a highly publicized trial. Therefore, What could be the impact of this verdict-shock on victims of sexual violence?
Posted at 5:00 a.m.
What should we remember from this judgment? – Canada hockey business | what
“This file was interesting because it presented the opportunity to clarify the concept of consent in criminal law. Meanwhile, ” said the Director General of Juripop, Sophie Gagnon. Therefore, In Canada, case law is clear: a victim does not need to say no to be considered non -consenting. In addition, But what to do when she behaves in a way of canada hockey business | what believe What is consenting? Moreover, In this case, the complainant’s behavior during the alleged assault was at the heart of the defense of the accused. However, According to them, she actively participated in sexual acts, even showing enthusiasm. For example, The young woman herself agreed to have adopted the character of a “porn star”. In addition, But according to her, she had no choice: she was terrified. Moreover, Co -founder of the Quebec Movement against sexual violence. Similarly, Mélanie Lemay recalls that “collaborating” with her aggressor is a mechanism sometimes used by victims, like that of freezing. In addition, “Some victims will participate to ensure a certain protection. Therefore, ” she explains, recalling that the complainant was alone in a hotel room with several men.
What does the judge say? – Canada hockey business | what
According to judge Maria Carroccia, the testimony of the complainant was canada hockey business | what “neither credible nor reliable”. She believes that she “expressed her desire”, even acting “in a sexually provocative way”. As she rejected her testimony. the judge did not look into the substantive issue, the gap between “the consensual appearance behavior of a victim and his real consent”, deplores Mme Gagnon. “There is a failed opportunity to specify the sours of consent in criminal law,” she said. In the population, the notion of consent “continuous, enthusiastic, free and enlightened” is still poorly understood, deplores Mélanie Tremblay. Myths and stereotypes are still tenacious, especially concerning the reactions that the victims should have. ” For what [les joueurs] Did they believe good. necessary to film a video where it consented to what was done? She also wonders.
Could this verdict discourage victims from filing a complaint?
“It is certain that a mediatized file which ends canada hockey business | what in a acquittal will cause a whole wave of reactions. ” replies Sophie Gagnon. He can rekindle trauma, arouse anger or sadness. In some, it is possible that it causes a questioning of the judicial process. In her judgment, the judge noted that the slogan “believing the victims” had no place in a criminal trial. “These kinds of files are erected as a symbol by the public,” admits the lawyer. But beware of generalization. “We. the lawyers, we know that it is a file among others, and the outcome of this file will not dictate the outcome of the other files,” she said.
How does this trial illustrate the difficulties encountered by the complainants?
First, there is the risk of not being the “perfect victim,” says Mélanie Lemay. In her decision. the judge noted several inconsistencies in the testimony of the canada hockey business | what complainant, in particular between her version told to the police years ago and that presented to the Court. Mme Lemay stresses that the young woman met the police for the first time the day after the events. perhaps always in shock, which may explain certain contradictions. The accused, “had much more time to set off the situation and prepare.” In addition, the young woman was counter-examined for seven days by the legal teams of the five accused. “It’s inhuman”, deplores Mme Lemay. In comparison, only one player has taken the bar, the accused not having to testify in a criminal trial. “I would have liked this same level of scanity to be applied to the behavior of the players,” said Mr.me Lemay. Criminal law grants important protections to the accused, in particular the right to defend itself, recalls Sophie Gagnon. It is difficult to limit it. even if there are canada hockey business | what protections to ensure the dignity of alleged victims, for example the prohibition to question them about their sexual past.
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