Women's Studies 2270A/B Lecture Notes - Lecture 7: Black Letter Law, Sexual Assault, Erotic Asphyxiation

• School: Western University
• Department: Women's Studies
• Course: Women's Studies 2270A/B
• Professor: Tyler Totten

Document Summary

Identify main formal aspects of r v. ja. Maintains anonymity: a can also mean justice appeal just keep that in mind, chief justice c. j. , justice appeal j. Interveners do not comment of the specific issues of the case, but they submit a factum to the court. Applicable legislation: criminal code of canada the black letter law, debated in parliament. Hureaux dube: ewanchuck (the accused) repeated sexual touching, repeated refusal from the woman. Complainant was afraid to leave, unable to physically resist: defe(cid:374)(cid:272)e: (cid:862)i(cid:373)plied (cid:272)o(cid:374)se(cid:374)t(cid:863) because she was not physically resisting or leaving. Words did not match actions: he was acquitted at trial, defence was accepted at alberta court of appeal. Her clothing was asking for it: the scc u(cid:374)a(cid:374)i(cid:373)ous de(cid:272)isio(cid:374) that there (cid:449)as (cid:862)(cid:374)o su(cid:272)h thi(cid:374)g(cid:863) as (cid:862)i(cid:373)plied (cid:272)o(cid:374)se(cid:374)t(cid:863) i(cid:374) Canadian law, and consent can only be determined through complainants own testimony or some kind of evidence that expresses words or conduct at the time affirmed consent.