quisquose Posted February 25, 2011 Author Share Posted February 25, 2011 Strictly speaking he hasn't - in the case of a conditional discharge no conviction is entered. Your point being? Did he have forced sexual intercourse with the girl without her consent or not? I've read the article and yes he uses the term "moral blameworthiness" but he doesn't attach blame to the victim. The paper states: Dewar said he didn't want to be seen as blaming the victim but that all of the factors surrounding the case must be viewed to assess "moral blameworthiness." He could have equally been assessing the amount of "moral blameworthiness" that attaches to the man... Your instinctive use of the word "equally", even when trying to argue the opposite, proves my point. He is suggesting that some blame lies with the victim. Besides, what is the point of the first 13 words in that quote, if it is not because he does recognise the victim "equally" in reference to "moral blameworthiness"? I don't want to be seen as blaming you evildrneil but I really do think that some people think she was asking for it. Link to comment Share on other sites More sharing options...
evildrneil Posted February 25, 2011 Share Posted February 25, 2011 You're mistaken - he hasn't had a conditional discharge, he recieved a conditional sentence. He has been convicted of rape. http://news.nationalpost.com/2011/02/25/outcry-grows-against-manitoba-judge-who-did-not-jail-rapist/ There doesn't appear to be any such thing as a conditional sentence in Canadian law - as for a conditional discharge: In Canada, a conditional discharge is a sentence passed in criminal court in which an individual is found guilty of an offence but is deemed not to have been convicted. Link to comment Share on other sites More sharing options...
scoop Posted February 25, 2011 Share Posted February 25, 2011 Info about conditional sentencing in Canada, http://en.wikipedia.org/wiki/Conditional_sentence_%28Canada%29 I think some people are confusing this with a uk conditional discharge. http://en.wikipedia.org/wiki/Conditional_discharge Link to comment Share on other sites More sharing options...
scoop Posted February 25, 2011 Share Posted February 25, 2011 There doesn't appear to be any such thing as a conditional sentence in Canadian law Mistaken again. It didn't take much googling to find the links I've already provided. The man in this case has been convicted and has recieved a conditional sentence. Link to comment Share on other sites More sharing options...
evildrneil Posted February 25, 2011 Share Posted February 25, 2011 Your point being? Did he have forced sexual intercourse with the girl without her consent or not? We don't know - we only have VERY skimpy reports. Without more evidence I don't think we can make that call. Your instinctive use of the word "equally", even when trying to argue the opposite, proves my point. He is suggesting that some blame lies with the victim. No. I was responding to your comment. You're reading that the judge was blaming the victim. I pointed out that the judge could equally well have been blaming the man. Now I know this is going to make me unpopular but if the case is that the victim went voluntarily with the man, was flirtatious and provocative, wasn't unconscious due to drink and didn't give an unequivocal no when sex was initiated then she bears some responsibility for what happens. Now I'm not saying this is what happened but from the reports it is a distinct possibility. Link to comment Share on other sites More sharing options...
quisquose Posted February 25, 2011 Author Share Posted February 25, 2011 We don't know - we only have VERY skimpy reports. Without more evidence I don't think we can make that call. Hello, is anybody there? He was convicted. Now I know this is going to make me unpopular but if the case is that the victim went voluntarily with the man, was flirtatious and provocative, wasn't unconscious due to drink and didn't give an unequivocal no when sex was initiated then she bears some responsibility for what happens. Now I'm not saying this is what happened but from the reports it is a distinct possibility. For once I will agree with you, you're going to be unpopular. Link to comment Share on other sites More sharing options...
evildrneil Posted February 25, 2011 Share Posted February 25, 2011 Mistaken again. It didn't take much googling to find the links I've already provided. The man in this case has been convicted and has recieved a conditional sentence. Sorry, yes I was mistaken. Link to comment Share on other sites More sharing options...
evildrneil Posted February 25, 2011 Share Posted February 25, 2011 For once I will agree with you, you're going to be unpopular. So are you saying that you should be free of any consequences of your actions because you happen to be female? Link to comment Share on other sites More sharing options...
quisquose Posted February 25, 2011 Author Share Posted February 25, 2011 So are you saying that you should be free of any consequences of your actions because you happen to be female? No, I'm saying you should be protected from assault by the law if you are a human being. Link to comment Share on other sites More sharing options...
evildrneil Posted February 25, 2011 Share Posted February 25, 2011 No, I'm saying you should be protected from assault by the law if you are a human being. Which she has been. Link to comment Share on other sites More sharing options...
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