this post was submitted on 25 Jul 2025
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I've heard a few analysts say that the verdict is not a surprise. I'm not a lawyer, care to explain why you consider this case weak?
I'm not a lawyer either, but reading the judge's verdict, it sounds like the only evidence the prosecution had was the woman's testimony. The defence had video recordings of the women verbally consenting. Kinda hard to prove beyond a doubt that the woman did not consent when it's on video. Not that some non-consenting stuff didn't happen when the video was turned off but again, a guilty verdict requires no doubt.
That's what the CBC article is about. How sexual assault victims often don't come forward since securing a conviction is incredibly difficult on testimony alone.
I haven't followed this casenor seen the evidence that was provided by either the Crown or the Defence. However, the Supreme Court confirmed in R. v. J.A., 2011 SCC 28 (CanLII), [2011] 2 SCR 440 that consent for sexual activity requires ongoing consent.
The victim may have consented at first however if consent was revoked during sexual activity then it becomes sexual assault.
Definitely! That's why I said it's possible non-consenting stuff took place after the video ends. It's entirely possible, but people don't go to jail because it's possible they committed a crime.
I also don't believe that the Crown even argued that consent was revoked. I believe their argument was she was too drunk to consent so what she said in the video doesn't matter. Again, possible, but they couldn't prove that beyond a doubt.
Eh a women consenting when surrounded by six guys might not be true though. I mean you can't imagine a woman being in that situation thinking she should consent or get hurt.
after the fact.
Nobody can legally consent to anything afterwards. Consent is strictly beforehand, not later to cover someone's ass.
Just a nitpick, but the legal term is beyond a reasonable doubt. So if 5 people see me do something, there's no reasonable doubt. But if 5 people see me do something, I have an identical twin, and a couple people who actually know me were hanging out with me somewhere else, well maybe those other 5 people saw my hypothetical twin.