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From: dave@utcsrgv.UUCP (Dave Sherman)
Newsgroups: net.women,net.legal
Subject: Re: Rape in  Ontario
Message-ID: <2859@utcsrgv.UUCP>
Date: Thu, 1-Dec-83 14:45:39 EST
Article-I.D.: utcsrgv.2859
Posted: Thu Dec  1 14:45:39 1983
Date-Received: Thu, 1-Dec-83 14:59:53 EST
References: <340@watdaisy.UUCP>
Organization: The Law Society of Upper Canada, Toronto
Lines: 51

>>>From: saquigley@watdaisy.UUCP (Sophie Quigley)
>>>For the last three days I have been hearing about a very disturbing
>>>case: a woman claimed that she had been raped by two men, but later
>>>refused to testify against them in court because she feared for her
>>>life.
>>>Consequently, she has been put in jail for seven days, and the accused
>>>rapists left free.
>>>
>>>Does anybody know anymore about this than me?
>>>Was it the women who originally laid the charges against the men or
>>>were they laid for her by someone else (doctor, police)?
>>>Which guarantees to her security were offered to her at the times
>>>when the charges were being laid and afterwards, when she decided
>>>not to testify?
>>>
>>>I find this event profoundly disturbing, because I think it might set
>>>a precedent, and make women even more reluctant to lay charges for
>>>rape.  Not to mention the fact that not only has the poor women been
>>>raped by two men, but to punish her for being scared, she gets sent to
>>>jail and her attackers left free.

From what I have read, the facts aren't quite as clear as you imply.
One report states that the "threats" the woman alleged she had received
were not explicit (they consisted of someone calling her and hanging up
without speaking), that her mother claimed she had made unfounded accusations
in the past, and that she had refused an offer of police protection.

I have no opinion one way or the other as to whether a rape occurred
or not. That is what the court is there for.

What I find profoundly disturbing is the assumption you make that
the woman was in fact raped. (See your last paragraph, "...not only
has the poor woman been raped...") Unfortunately, unless she is able
to testify against the accused, that statement can't be supported.

The matter has been brought up in the Ontario Legislature. The
provincial Attorney-General, Roy McMurtry, has stated that it is
not the government's function to intervene in court matters. At
any rate, the judge's point is that however unfortunate it may be for
this witness, allowing such excuses for not testifying would be
far worse as a precedent for society.

As to charges, I believe such charges are in practise always
laid by the police, upon a complaint made by the alleged victim.


Dave Sherman
The Law Society of Upper Canada
Toronto
-- 
 {allegra,cornell,decvax,ihnp4,linus,utzoo}!utcsrgv!dave