Announcement

Collapse
No announcement yet.

Does justice exist??

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #76
    Let's clear this, shall we?? Direct from the criminal code...

    Meaning of “consent”

    273.1 (1) Subject to subsection (2) and subsection 265(3), “consent” means, for the purposes of sections 271, 272 and 273, the voluntary agreement of the complainant to engage in the sexual activity in question.
    Where no consent obtained

    (2) No consent is obtained, for the purposes of sections 271, 272 and 273, where
    (a) the agreement is expressed by the words or conduct of a person other than the complainant;
    (b) the complainant is incapable of consenting to the activity;
    (c) the accused induces the complainant to engage in the activity by abusing a position of trust, power or authority;
    (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or
    (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity.
    Subsection (2) not limiting

    (3) Nothing in subsection (2) shall be construed as limiting the circumstances in which no consent is obtained.

    Furthermore....
    276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
    (a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or
    (b) is less worthy of belief.

    Comment


    • #77
      Regardless of the relationship, no means no. I could be in the middle of having sex with my spouse, change my mind, tell him to stop...and if he does not, it is sexual assault.

      Comment


      • #78
        The issues are not that simple. You can spout the criminal code, and others can spout case law to contradict it. It is such a complex issue that makes it difficult for any of us here to say one way or the other what would happen in front of a judge.

        I do not condone sexual assault, and I believe no means no.

        What I have pointed out and have used direct quotes to judge's statements is that it is often based on a case by case situation.

        Since some of you have totally missed the point, I will post it again for you.

        In analyzing these legal arguments, Thomas J. appeared to be indignant in his attitude towards the Crown’s claims, which he found to be “wrong in law.” In his words,
        In essence, the position of the Crown is that a criminal assault occurs whenever there is physical sexual touching of one partner by another in an ongoing marital relationship without obtaining express consent in advance to the touching.68
        Not only is this legally wrong, according to Thomas J., but to add insult to injury, it “is erroneous in principle and also offends ordinary common sense.”69


        These are not my words, nor my thoughts. I merely am pointing out that just because it may be law, it does not mean you will get a conviction on it.

        Next time please read the whole comment before jumping to conclusions.

        Oh dtte I am sure billiechic is prettier than me.

        I may be new here, and I may have come across a bit strong, but I have seen much, and read much. I have lots to offer, and much to learn. If you don't like some of what I say, fine, debate it, no need to get personal. I don't like divorce in Canada, because it is fundamentally flawed. If it wasn't nobody would be here discussing it.

        I do back up what I say, otherwise I would not say it. It does not mean I agree with it.

        Comment


        • #79
          Originally posted by billiechic View Post
          If I jumped to conclusions...so did everyone else on here.

          You however are new and I am unsure about you as your postings have drawn quite a bit of flack since you started. If you are trying to come across as a smart a**...good job!

          Not everyone jumped to conclusions.

          And I am not being a smart @ss. I may be new here, but I have much experience in living in an unjust system, and some people have learned from what I have posted.

          You have experienced that others don't have, and you have been able to help others with that experience.

          I too have experience that others don't have. Just because you don't like some of what I have to say, does not give you or anyone else the right to insult me.

          And just so you people know why I know a little bit about the sexual assault allegations, and what happens in court; I have lived it from a man's perspective. I have never ever condoned any violence on any woman, and I have no time for anyone who assaults a woman. You all know what I think about the people who make false allegations, so I won't elaborate.

          Comment


          • #80
            Originally posted by billiechic View Post
            If I jumped to conclusions...so did everyone else on here.

            Fortunately for me I beleive I am somewhat respected on here and Hammerdad did not jump down my throat because we disagreed. I didnt understand his position, he clarified, and I apologized for my unclear posting. I doubt there are any hard feelings between him and I. If there are, I`m sorry, and I expect that we can take care of them like adults.

            You however are new and I am unsure about you as your postings have drawn quite a bit of flack since you started. If you are trying to come across as a smart a**...good job!
            I wasn't offended by anything. I understand that a lot stuff is all in the reader. That is why when I email stuff to my ex, I always keep it business like.

            But no, I didn't take offence. I saw there was confusion, I clarified and was good from there.

            I feel my posts, while being a dad and having got the short end of the stick, have actually helped. I've been involved for nearly 5 years in dads rights and forum involvement (not here so much, but around). I try to stay impartial and stick to the facts.

            The original poster IMO, from her description, was raped. I don't care how you sugar coat it, from her description, that would be my opinion. But I know there is another side to the story, which I would also take with a grain of salt. Because, as always, there A's story and B's story and then somewhere in the middle is the truth. But for this lady, I will give her more then the benefit of the doubt.

            IMO, I am pretty simple. I read the facts and post based on the facts provided. And if I can throw some humor in there, I try.

            Comment


            • #81
              The OP does have a hard situation to deal with. She is on the receiving end of a charge based on false allegations, and I think it is clear because her ex wanted to get the upper hand so that he would be able to prevent her from bringing his bad behavior to light.

              Luckily there is a higher burden of proof needed for a conviction,and if she has a good lawyer who is able to get to the heart of the matter, she may have a good chance to use the false allegation to show exactly what her ex is and has done.

              Comment


              • #82
                Originally posted by rwm1273 View Post
                Maybe if you did not jump to conclusions you would not need to apologize.
                This is a smart ass comment. Try and deny it.

                I'm not belittling your comments. I was just a little offended that you felt the need to add your 2 cents just to stir things up, especially when there was no issue between Hammerdad and I.

                I'm sorry, but I've lived through a very similar situation as the OP. When you are lying there crying inside just waiting for him to get off...it's assault, esp after you've said no.

                Comment


                • #83
                  Billiechic.

                  Yes I was out of line. I was angry with a few comments, and I retaliated. I was not trying to stir things up between you and HD. Sorry.

                  I know that divorce is such a terrible emotional rollercoaster, and non of us are able to get off the ride, regardless of how much we try to.

                  I feel for the OP, as I feel for anyone who has been the victim of assault. I personally don't know how some men can do that kind of thing. I personally could never do it, nor live with myself if I knew my partner was not into it, or atleast a willing partner.

                  But as I said earlier, I have also been a victim of an allegation of this kind of assault, (and many others) and I went through some very difficult emotional moments wondering what would happen. It is a very difficult thing to defend against if the other side is very convincing, and you worry about going to jail and loosing your children for ever, not to mention your career, and all your friends. I lost many nights sleep, and it was very hard on everyone around me. I can also tell you that sitting in a jail cell waiting to find out if they will let you out is a very emotional thing, and some of the police are very quick to judge you.

                  Luck for me, I had enough other proof of her lies, that the judge saw the accusation for what it was, and I never had to face that kind of allegation again, as her focus was other allegations such as stocking and vandalization, but again all false.

                  Our courts are completely disfunctional. Both men and women are capable of abusing the system, and from what I have seen, I have witnessed bias, and I therefore have strong opinions on that. However I do look at each issue as a one by one problem, and I do try to give suggestions as to what you can do to help in that situation. I have studied much of the law, and am currently starting to study for an LLB.(may as well put to use what I have learned).

                  Comment


                  • #84
                    Wow... my head is spinning after reading this conversation thread.

                    Comment

                    Our Divorce Forums
                    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                    Working...
                    X