Having been on the planet for a while I have an advantage of knowing how some things used to be and how they have changed today. It seems that, with the granting of greater personal freedoms, the word ‘justice’ has taken on a different meaning.
Unfortunately, many things that we placed our trust in-things that we believed would always be a part of our civil foundation are showing signs of collapse. Recently there was an egregious court case being heard in Nova Scotia where a judge decided to destroy his reputation by setting free an assailant who raped a customer in his cab while she was intoxicated. Supposedly she registered three times the legal limit but miraculously had provided some form of consent to have sex before she conveniently passed out. She reports she has no recollection of what happened or was about to happen. Oh yes! She was seen/found in the back seat of the cab naked from her waist down and the brave, courageous rapist was found standing close by with his pants undone, his fly down and her DNA on his face. He was also seen stuffing the woman’s pants and underwear between the front seats of the cab. I’m not sure what kind of a man does this-none that I want to be associated with.
What concerns me more is the judge, if we dare call him that, who lost any sort of perspective but felt that his job was to make the law not uphold and enforce the laws that people, for decades, have crafted for all to live by. If this judge disagrees with the law in it’s current form then he should make his feelings known, as any other citizen would be required to do, and then move to repeal or re-write the law. I have always disagreed with a judge’s right to ‘interpret’ the law and then sentence according to his interpretation. The more ‘gray’ we have in the laws the more chances there are that someone is going to experience injustice.
This ‘so called judge’ should be relieved of his duties immediately and should have his right to sit as a judge rescinded. His (the judge) explanation for making such an arrogant and bone headed decision was that there was no proof to suggest she didn’t give permission to allow this ‘bottom feeder’ to violate her in any way he chose, for as long he chose, and in any place he chose.
The Supreme Court of Canada ruled in 2011 that a person needs to be able-I take that to mean capable-to change his/her mind about going any further with the sex act in order for the permission to be valid. Obviously that cannot happen if the partner who supposedly consented is cognitively unavailable or severely impaired. The cabbie in the above case said she gave consent right before she passed out. We are left to accept his good will and trust that the accused is telling the ‘truth’-like that is going to happen. Ignorance is no excuse for not knowing or understanding the law. I guess the judge was absent from class that day.
With all that said many of the citizens who trust the establishment to safe guard our rights and act as our voice of reason continue to see damage done to the credibility that had been built regarding the faith we had in our legal system. I am thoroughly disappointed and seriously concerned when a young woman, who is only guilty of making some questionable decisions, can be assaulted as she was and then watch helplessly as the perpetrator, who was caught with his pants down-literally-is exhonerated. I’m sure that she was expecting a different response from the judicial system but instead she was assaulted yet again by a system which is supposed to look out for her legal rights.
We grant the courts the authority to defend and protect us from ill will hoping and believing that our rights and freedoms will be well represented. It wasn’t all that long ago that horse thieves were hung where they were found with no questions asked. That was the law of the land plain and simple. I’m not suggesting that we return to those times but I, for one, with this disastrous and remarkable blunder have lost an important trust in a system that should be unshakable.
THE TRUTH: If something like this ever happened to my sister, my daughter, my wife or a close friend I might be a more reluctant to allow the law to speak for me. I might find a way to make sure that scumbags like this don’t get another chance to hurt or take advantage of anyone else-ever.
Anyways, that’s how I see things–thanks for stopping by, all the best, Jim
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