LAWS 3306 Lecture Notes - Lecture 5: Victimless Crime, Learned Helplessness, Harm Reduction
Document Summary
In 1970s, realization that domestic violence and violence against women is a serious issue. Lavallee as helpless victim with no other way of escaping but also had understandable rage for being beaten continuously: judge admitted testimony but told jury to only give it limited importance, jury acquitted. Tried to enact guidelines to regulate sexist reasoning of past sexual conduct. Majority decision, risk of innocent person being found guilty. Dissenting- risk of someone becoming a victim to sexual assault. Overturned the verdict and afforded him a new trial. Concluded that it offended the fundamental principles of justice and the presumption of innocence to substitute getting drunk for the intention or voluntariness at the time of offence. Crown was uneasy about this and refused to disclose certain portions of the records. Stay of proceedings eventually granted by trial judge as a result of this nondisclosure.
