RSS FeedSex assault and consent
By: Law is Cool · November 9, 2009 · Filed Under Criminal Law · 1 Comment
Rookie officer acquitted in sex assault
A man meets a woman on a dating website. They get together for coffee. Later, they move on to her car and start making out and talking about sex. But she changes her mind and he gets charged with sexual assault. Did she consent to the making out?
Peter Small writes for the Toronto Star:
The judge discounted much of her version, noting they were parked either in the coffee shop parking lot or at a gas station, where she could easily have alerted passersby.
Comments
One Response to “Sex assault and consent”
Leave a Reply
“”The next time a situation occurs like this, walk away from it,” advised provincial court Justice Minoo Khoorshed. “You cannot say, ‘I thought she consented.’ Rather you must say, ‘I know she consented.’.” the judge said.”
So the judge is stating the offender did not know whether or not there was consent, yet acquits him anyway?
This is a pretty disgusting case of victim blaming and an example of how rape culture pervades every aspect of society. To say she could have attracted attention to what was happening is a classic victim blaming script and not resisting is a common element in rape, it’s a strategy to prevent further harm.
It’s not up to the victim to draw attention to what’s happening and get help, it’s up to offenders not to rape and up to the legal system to hold them accountable when they do.
Consenting to making out is not consenting to sex. You have a right to say no to any act at any time. If your partner does not respect that no, that’s rape.
The most disturbing part of this case is the thought of this officer dealing with a sexual assault survivor. Is he going to believe her?
For more information on what rape culture is, check out http://shakespearessister.blogspot.com/2009/10/rape-culture-101.html