Ignorance of the law now a legal excuse in Canada!

Post Reply
User avatar
Tyrannical
Posts: 6326
Joined: Thu Dec 30, 2010 4:59 am
Contact:

Ignorance of the law now a legal excuse in Canada!

Post by Tyrannical » Sat Oct 21, 2017 10:09 am

http://www.dailymail.co.uk/news/article ... legal.html
A man has been cleared of raping his wife after a judge ruled that he did not know his behaviour was criminal in Canada.
Ontario Superior Court Justice Robert Smith said prosecutors had failed to establish that the man knew it was against the law to have sex with his wife without her consent.

And Yes it involves Muslims of course.........
A rational skeptic should be able to discuss and debate anything, no matter how much they may personally disagree with that point of view. Discussing a subject is not agreeing with it, but understanding it.

User avatar
NineBerry
Tame Wolf
Posts: 8951
Joined: Thu Feb 26, 2009 1:35 pm
Location: nSk
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by NineBerry » Sat Oct 21, 2017 10:21 am

And it involves the Daily Mail of course, which means that the story is 70% lies and the guy going free was based on some technicality and not him "not knowing that rape is illegal"

User avatar
Hermit
Posts: 25806
Joined: Thu Feb 26, 2009 12:44 am
About me: Cantankerous grump
Location: Ignore lithpt
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Hermit » Sat Oct 21, 2017 10:44 am

Tyrannical wrote:http://www.dailymail.co.uk/news/article ... legal.html
A man has been cleared of raping his wife after a judge ruled that he did not know his behaviour was criminal in Canada.
Ontario Superior Court Justice Robert Smith said prosecutors had failed to establish that the man knew it was against the law to have sex with his wife without her consent.
And Yes it involves Muslims of course.........
Now? You'll find that mens rea, a legal principle, has been applied in western jurisdictions since it was introduced in England about 800 years ago. The daily fail made sure not to mention that Superior Court Justice Robert Smith took that principle into consideration when casting his verdict, but the Ottawa Citizen did.
I am, somehow, less interested in the weight and convolutions of Einstein’s brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops. - Stephen J. Gould

User avatar
Rum
Absent Minded Processor
Posts: 37285
Joined: Wed Mar 11, 2009 9:25 pm
Location: South of the border..though not down Mexico way..
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Rum » Sat Oct 21, 2017 11:49 am

Yep - the Daily Fail edits these sorts of stories to support their own twisted view of the world. The judge said:

'Marriage is not a shield for sexual assault.
'However, the issue in this trial is whether, considering the whole of the evidence, the Crown has proven the allegations beyond a reasonable doubt.'

The case of rape 'was not proved', he didn't say rape was OK in marriage or that lack of knowledge was an excuse.

What a rag of a paper and how shameful of Tyrannical to leap on it with such obvious glee.

User avatar
Brian Peacock
Tipping cows since 1946
Posts: 38029
Joined: Thu Mar 05, 2009 11:44 am
About me: Ablate me:
Location: Location: Location:
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Brian Peacock » Sat Oct 21, 2017 12:04 pm

Paul Dacre is like one of those sociopaths at work who would try and stop a guy in another department who he has no dealings with getting a promotion because he smiled at him at the Christmas party when Dacre was in a bad mood.
Rationalia relies on voluntary donations. There is no obligation of course, but if you value this place and want to see it continue please consider making a small donation towards the forum's running costs.
Details on how to do that can be found here.

.

"It isn't necessary to imagine the world ending in fire or ice.
There are two other possibilities: one is paperwork, and the other is nostalgia."

Frank Zappa

"This is how humanity ends; bickering over the irrelevant."
Clinton Huxley » 21 Jun 2012 » 14:10:36 GMT
.

User avatar
Tyrannical
Posts: 6326
Joined: Thu Dec 30, 2010 4:59 am
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Tyrannical » Sat Oct 21, 2017 12:34 pm

Rum wrote:Yep - the Daily Fail edits these sorts of stories to support their own twisted view of the world. The judge said:

'Marriage is not a shield for sexual assault.
'However, the issue in this trial is whether, considering the whole of the evidence, the Crown has proven the allegations beyond a reasonable doubt.'

The case of rape 'was not proved', he didn't say rape was OK in marriage or that lack of knowledge was an excuse.

What a rag of a paper and how shameful of Tyrannical to leap on it with such obvious glee.
Well, the Daily Fail has quite a bit more info and quotes.........
The husband denied ever having sex with his wife without consent and also specifically denied the 2002 incident.
His defence was that during the period of the alleged incident, he had been told to abstain from sex after having a hair transplant.
But the judge dismissed it, explaining there was no evidence to show it was standard medical practice to abstain from sex in such cases.
The judge also said the husband was argumentative as a witness and said his defence was unbelievable.
Justice Smith explained: 'I find that the accused probably had sex with his wife on many occasions without her specific consent
Ottawa Coalition to End Violence Against Women calling the ruling 'disappointing'.
A rational skeptic should be able to discuss and debate anything, no matter how much they may personally disagree with that point of view. Discussing a subject is not agreeing with it, but understanding it.

User avatar
pErvinalia
On the good stuff
Posts: 59354
Joined: Tue Feb 23, 2010 11:08 pm
About me: Spelling 'were' 'where'
Location: dystopia
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by pErvinalia » Sat Oct 21, 2017 5:08 pm

Rationalia called Tyrannical falling for the Daily Fail 'disappointing'.
Sent from my penis using wankertalk.
"The Western world is fucking awesome because of mostly white men" - DaveDodo007.
"Socialized medicine is just exactly as morally defensible as gassing and cooking Jews" - Seth. Yes, he really did say that..
"Seth you are a boon to this community" - Cunt.
"I am seriously thinking of going on a spree killing" - Svartalf.

User avatar
Rum
Absent Minded Processor
Posts: 37285
Joined: Wed Mar 11, 2009 9:25 pm
Location: South of the border..though not down Mexico way..
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Rum » Sat Oct 21, 2017 5:28 pm

:hehe:

User avatar
Hermit
Posts: 25806
Joined: Thu Feb 26, 2009 12:44 am
About me: Cantankerous grump
Location: Ignore lithpt
Contact:

Re: Ignorance of the law now a legal excuse in Canada!

Post by Hermit » Sat Oct 21, 2017 10:11 pm

Tyrannical wrote:Well, the Daily Fail has quite a bit more info and quotes.........
It's basically a copy of the Ottawa Citizen article. With the mention of mens rea omitted. :roll:
I am, somehow, less interested in the weight and convolutions of Einstein’s brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops. - Stephen J. Gould

Post Reply

Who is online

Users browsing this forum: Bing [Bot] and 23 guests