The Docket

Sexual Assault Myths and Ontario's New Bail Policy

11.03.2017 - By Michael Spratt, Emilie TamanPlay

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The conversation about the justice system and sexual assaults has become a polarizing topic. But it should not be. It is possible to believe and support victims without throwing away the fundamental principles of our justice system. But it is a hard conversation.

Court cases like the latest debacle from Ottawa's Superior Court of Justice don't help. The case is simply called R. v. H.E - a husband raped his wife. He was acquitted. The judge got it wrong (and the case will be reversed on appeal). But this case does not prove that the law is broken - it proves that judges make mistakes. 

These conversations are hard - but they are necessary.

But before diving into sexual assault myths we talk about Ontario's new bail policy. It can be summed up as follows: "Hey Crown Attorneys - Follow the fucking law". Make no mistake this is a major development and a rebuke of Crown practices - but don't pretend it is the final fix or some progressive unicorn. It's not. So we tear it apart.

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