San Angelo, Texas (CNN)- The state of Texas is expected to rest its case Wednesday
in the sexual assault trial of polygamous sect leader Warren Jeffs.
San Angelo, Texas (CNN)- Texas prosecutors rested their case Wednesday
in the sexual assault trial of polygamous sect leader Warren Jeffs after playing a key piece of evidence for jurors: an audiotape they allege documents his sexual assault of a 12 - year - old girl.
San Angelo, Texas (CNN)- Court resumes Thursday
in the sexual assault trial of Warren Jeffs, with the polygamous sect leader - who is representing himself - continuing his questioning of his first witness.
One of these projects has me immersed in the sexual assault laws of England and Wales, and in the course of doing some research in this area, I have learned that judges here routinely warn juries
in sexual assault trials of the need to dispel any myths and stereotypes that they may bring in to the adjudication process.
Not exact matches
Parker was acquitted
in the rape case more than a decade ago and Celestin had his
sexual assault conviction overturned on appeal (a higher court deemed his
trial attorney ineffective), but the two men have come under fire once again as the media reports troubling details from the case, which included accusations that Parker and Celestin, then both 19, had sex with a Penn State freshman while she was unconscious after a night
of heavy drinking.
It was the latest dramatic twist
in a
trial that has included sermon - like speeches about religious freedom and an audio recording that prosecutors allege documents Jeffs»
sexual assault of a 12 - year - old girl
in the presence
of three other «wives.»
Polygamist leader Warren Jeffs is awaiting
trial in Texas on charges
of sexual assault and bigamy.
In Las Vegas, former Little League coach Garen Pearson faces
trial on 19 counts
of sexual assault with a child under 14, 14 counts
of lewdness with a child under 14, four counts
of sexual assault with a child under 16 and two counts
of open and gross lewdness.
I'm not sure any
of it will ever be enough, because I've had to watch case after case
of sexual assault victims
in both Canada and the US go to some kind
of trial, and then get destroyed.
UPDATE: Editor's Note: When there's a big
sexual assault trial in the news like the Stanford case this week, there's a lot
of talk about the specifics; who was right or wrong, the details
of the hours, days, and weeks that follow.
As the nation teeters on the brink
of WWII, a nearly bankrupt NAACP sends Thurgood Marshall (Chadwick Boseman) to conservative Connecticut to defend a black chauffeur against his wealthy socialite employer
in a
sexual assault and attempted murder
trial that quickly became tabloid fodder.
The Supreme Court
of Canada will hear five appeals this week, including three criminal cases involving driving «over 80» and production
of evidence; an unjust enrichment claim; and an appeal
in a
sexual assault case
in which the Court
of Appeal
of Alberta had found that a
trial judge had erred by relying on a stereotype about the behaviour
of sexual assault victims.
After a six - day
trial and a «hopelessly deadlocked» jury, the judge declared a mistrial
in the prosecution
of comedian Bill Cosby for the alleged
sexual assault of Andrea Constand.
In R. v. D.N. [2016], after a 3 day
trial, the Firm secured a full acquittal on all counts
of Sexual Assault,
Sexual Interference and Invitation to
Sexual Touching where the accused was alleged to have sexually
assaulted a 10 year old child a decade ago.
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.
Whether this means avoiding a
trial altogether or fighting for you
in a court
of law, you can rest assured that you have an experienced team that is working for you and has had many
sexual assault charges dropped for its clients.
Today, West Coast LEAF is
in Calgary for the start
of the judicial inquiry into remarks made by Justice Robin Camp during a
sexual assault trial in Alberta provincial court
in 2014.
So, this means that anyone who, while their partner is asleep, embraces them intimately — for example to fall asleep with them
in a «spooning» position — could be subsequently accused
of sexual assault in a divorce
trial.
Yet recall for a moment what Justice Camp has conceded was inappropriate
in his conduct
of the
trial, and for which he has apologized: that he asked inappropriate questions
of the complainant about her conduct while she was testifying, he made inappropriate personal comments to the prosecutor
in response to her argument, and he fell prey to myths about
sexual assault.
At his hearing, a significant part
of Justice Camp's explanation for his conduct was that he did not know the law on
sexual assault; that he had received inadequate training; that he had conducted only one
sexual assault trial prior to the Wagar case which gave rise to the complaint against him; and that,
in general, «I didn't know what I didn't know».
Section 276 (1)
of the Criminal Code states that the defendant
in a
sexual assault trial can not admit evidence relating to the complainants past
sexual history to prove that the complainant likely consented to the
sexual activity alleged
in the charge or to show that the complaint is untrustworthy or lacks veracity.
Section 278.2 (1)
of the Criminal Code states that no records containing personal information regarding the complainant or a witness
in the
trial shall be produced for the accused to be used as evidence
in a
sexual assault trial.
The judge or justice must also take the following factors into consideration when making their determination; the extent to which the records are required for the accused to make a full and complete defense, the probative value
of the records, the nature and extent
of the reasonable expectation
of privacy with respect to the personal information contained
in the record, whether production
of the record is based on a discriminatory belief or bias, the potential prejudice to personal dignity the complainant or witness will experience if the record is produced, society's interest
in encouraging individuals to obtain treatment after being sexually
assaulted, society's interest
in encouraging
sexual assault victims to report the
assault and the effect
of the determination on the integrity
of the
trial process.
Just as the same underlying principles ought to apply to a homicide investigation as to a
sexual assault investigation, so the bedrock principles
of the criminal justice system remain as relevant, crucial and inalienable
in a
sexual assault trial.
VANCOUVER — Today, a national coalition
of women's organizations including West Coast LEAF was granted intervener status
in the inquiry into the conduct
of Justice Robin Camp while he presided over a
sexual assault trial in Alberta
in 2014.
I've been thinking about this question a great deal following the story
of Angela Cardinal — the
sexual assault victim who was incarcerated for 5 nights to ensure her testimony
in a preliminary inquiry (
trial judgment here; media reports here and here).
Consent, alcohol, the complainant's credibility: common themes
in sexual assault cases that are now set to play out
in an uncommonly high - profile setting, as the
trial begins Monday for three Toronto police officers accused
of sexually
assaulting a female colleague.
Feb. 20 - 24, 2017 The Supreme Court
of Canada will hear four appeals this week: one criminal concerning treatment
of evidence
in a
sexual assault trial and the other three civil, notably Teva Canada's appeal from the Court
of Appeal for Ontario regarding banks» liability for converting cheques
in fraudulent circumstances.
Second, and importantly, the defending narrative discourages important conversations about the boundaries
of appropriate and inappropriate defence conduct
in a
sexual assault trial.
First, it ignores the real and significant cost that the presumption
of innocence inflicts on complainants
in sexual assault trials, particularly with a factually guilty accused.
But I also think
sexual assault poses unique challenges for the reasons I identify, and also because
of the history
of sexual assault trials, and also because
of some
of what still goes on
in Canadian courtrooms.
I do agree as well that part
of the reason for the complexity is because the stakes for an accused
in a
sexual assault trial are incredibly high.
In particular, while they each rely on solid premises (the presumption of innocence; the re-victimization of sexual assault complainants), they undermine important and complex conversations about defending a criminal accused in a sexual assault trial, and in particular defending a factually guilty person accused of sexual assaul
In particular, while they each rely on solid premises (the presumption
of innocence; the re-victimization
of sexual assault complainants), they undermine important and complex conversations about defending a criminal accused
in a sexual assault trial, and in particular defending a factually guilty person accused of sexual assaul
in a
sexual assault trial, and
in particular defending a factually guilty person accused of sexual assaul
in particular defending a factually guilty person accused
of sexual assault.
Regina v. S.V. (2010) Client found not guilty
of Assault and
Sexual Assault after two day
trial in the Ontario Court
of Justice.
Regina v. V.D. (2008) Client found not guilty
of sexual assault,
sexual interference and invitation to
sexual touching after a five day jury
trial in the Ontario Superior Court
of Justice.
Regina v. D.I. (2016), Client found not guilty
of a charge
of Sexual Assault after five day
trial in the Superior Court
in Barrie.
Regina v. S.N. (2011) Client found not guilty
of two counts
of assault and two counts
of sexual assault (Domestic related charges) after a 7 day jury
trial in the Superior Court
in Toronto.
Regina v. K.B. (2014), Client found not guilty
of charges
of sexual assault,
sexual interference and invitation to
sexual touching after a three day
trial in the Ontario Court
of Justice
in Newmarket.
Regina v. J.W. (2015), Client found not guilty
of two counts
of sexual assault after a two day
trial in the Ontario Court
of Justice.
Regina v. W.W. (2007) Client found not guilty
of sexual assault x 2,
sexual interference x 2, arising from historical
sexual assault allegations
in the Superior Court
of Justice after a three day
trial.
Regina v. S.P. (2017), Charges
of Sexual Assault,
Assault Causing Bodily Harm,
Assault x 2, and Threaten Death (Domestic), dismissed after seven day
trial in the Ontario Court
of Justice at 1000 Finch Avenue West.
Regina v. J.D.S. (2011) Charges
of Sexual Assault x 2,
Sexual Interference x 2,
Assault withdrawn after completion
of three day preliminary hearing prior to setting a
trial in the Superior Court
of Justice.
In the Alberta Court of Appeal ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift of Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
In the Alberta Court
of Appeal ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift
of Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the
trial judge's comments throughout the proceedings and
in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
in his reasons gave rise to doubts about the
trial judge's understanding
of the law governing
sexual assaults and
in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.&raqu
in particular, the meaning
of consent and restrictions on evidence
of the complainant's
sexual activity... We are also persuaded that
sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the
trial judge's judgment.»
Regina v. A.H. (2010) Charges
of sexual assault and
sexual interference withdrawn
in the Ontario Court
of Justice, Scarborough, prior to
trial.
Regina v. J.M. (2010) Client found not guilty
of charges
of sexual assault and
sexual interference after a four day
trial in the Ontario Court
of Justice.
Regina v. E.K. (2015), Client found not guilty
of Gang
Sexual Assault,
Sexual Assault, Threaten Bodily Harm, and
Sexual Assault with a Weapon after a five day
trial in the Superior Court.
The Inquiry was directed at whether the public could have confidence
in the judiciary when a judge relies on discriminatory and sexist myths about women during a
sexual assault trial,» says Tamar Witelson, Legal Director
of METRAC, a member
of the Coalition
of six organizations from across Canada that intervened at the Inquiry into the Justice Camp's conduct.
Regina v. R.M. (2007) Client found not guilty
of Sexual Assault and Forcible Confinement after three day
trial in the Ontario Court
of Justice.
Regina v. P.R. (2017) Charges
of Sexual Assault x 2,
Assault with Weapon x 2,
Assault x 7, Utter Threats and Mischief all withdrawn prior to the commencement
of the
trial in the Ontario Court
of Justice.
Regina v. G.C. (2017) Client found not guilty
of two counts
of sexual assault after a five day
trial in the Superior Court
of Justice, Bracebridge.