They finally gather up the courage often to face the leadership and from that moment on, they are subjected to a harrowing and unjustified
assault on their credibility.
Not exact matches
Dewshi, principal of Dewshi Law Practice, tells AdvocateDaily.com that in carrying out the Notice of Proposal and revoking Kamali - Mafroujaki's licence, the reasoning focused
on his past conduct, which included: the conduct leading up to his conviction of sexual
assault; his denial of responsibility for any of the conduct; and the adverse finding of
credibility by the trial judge in the sexual
assault case.
Mr Rivkin commented: «President Erdogan's fierce and unrelenting
assault on Turkey's democratic institutions in violation of international law and the nation's Constitution has removed any
credibility for his actions.
Here I'm struck by the contrast between the accounts of the prevalence of «whacking» and the judicial response to it (e.g. that it is common and the courts / crowns rarely intervene) and accounts that I hear from practicing crowns (e.g. that it is uncommon and, when it occurs, the court's response vigorously and, further, that the court, crown and police are uncommonly solicitous to complainants in sexual
assault cases — a claim that the Ghomeshi cases seems to confirm given the seemingly well - founded criticism of the police in that case for failing to adequately probe the complainant's allegations, meaning that inconsistencies in their statements were discovered
on cross-examination by the defense, fatally undermining their
credibility).
In that sense, as with the two - sided coin analogy, it stands to reason that any effort to protect witnesses from harm will inevitably erode the presumption of innocence — especially in the context of sex
assault where so many cases are decided
on credibility.
Justice Topolniski held, at para. 2, that Judge Savaryn misapplied the law of consent and went
on to state this, at paras. 24 - 5: «There is no place for sexual stereotyping in sexual
assault cases and no inference should be drawn about a complainant's
credibility on how a victim of sexual
assault is to react to the trauma... [T] he criminal justice system must not allow myths and stereotypes about sexual
assault victims to influence outcomes.
The Negative Effects of Relying
on Inconsistencies to Determine
Credibility in Asylum Claims Involving an Initial Omission of Sexual
Assault