Weekend Reads Guilty verdict still possible in future Jian Ghomeshi cases, lawyer says

19:51  07 december  2016
19:51  07 december  2016 Source:   Metro News

Statement from Kathryn Borel on Jian Ghomeshi

  Statement from Kathryn Borel on Jian Ghomeshi Statement from Kathryn Borel on Jian GhomeshiHi everyone. Thank you for coming out and listening. My name is Kathryn Borel. In December of 2014, I pressed sexual assault charges against Jian Ghomeshi. As you know, Mr. Ghomeshi initially denied all the charges that were brought against him. But today, as you just heard, Jian Ghomeshi admitted wrongdoing and apologized to me.

Jian Ghomeshi leaves court in Toronto on Thursday, March 24, 2016. Ghomeshi was acquitted on all charges of sexual assault and choking following a trial that sparked a nationwide debate on how the justice system treats victims.: Guilty verdict still possible in future Jian Ghomeshi cases, lawyer says © Torstar News Service file Guilty verdict still possible in future Jian Ghomeshi cases, lawyer says

Jian Ghomeshi was found not guilty of sexually assaulting three women last week, but the disgraced radio host’s legal woes are far from over.

Two years ago, 22 women and one man went to the media with allegations of sexual assault at Ghomeshi’s hands.

Last week’s acquittal doesn’t preclude any of them — or any victim who didn’t go to the press — from coming forward now, said social justice lawyer Peter Rosenthal.

Despite Justice William Horkins’ harsh words for the three defendants – he accused them of “outright deception” while delivering his verdict Thursday – Rosenthal said the judge’s decision can serve as a blueprint for getting a future conviction.

Ghomeshi case not over before the former radio host speaks

  Ghomeshi case not over before the former radio host speaks Ghomeshi case not over before the former radio host speaksAs of late Monday afternoon, the Ministry of the Attorney General would not confirm that the case could be settled without a trial.  “The ministry does not comment on criminal cases before the courts, other than in court on the record,” ministry spokesman Brendan Crawley told Maclean’s in an email.

The same set of allegations — even with the same post-assault kisses and flirtations that derailed the last trial — could result in a guilty verdict if the complainant is upfront and honest, he said.

“If a woman has a straightforward and clear recollection of a sexual assault that happened to her, there’s no reason she shouldn’t come forward to the police,” he said.

University of Toronto law professor Brenda Cossman disagreed.

Cossman would “flabbergasted” if anyone comes forward now — and even more so if they found justice.

“Potential complainants will look at this and say I’m going to be put on trial and I’m going to be decimated — I don’t want this to happen to me,” she said.

Cossman called the trial a “train wreck” and said it would be nearly impossible to get a guilty verdict with a similar complaint.

Ghomeshi's lawyer blasts Mulcair for #IBelieveSurvivors tweet

  Ghomeshi's lawyer blasts Mulcair for #IBelieveSurvivors tweet Jian Ghomeshi's lawyer has called out NDP Leader Thomas Mulcair for tweeting that he believed survivors of sexual assault, just hours before her famous client was acquitted. Mulcair, however, doubled-down Wednesday afternoon with another tweet.In an interview with the CBC's Peter Mansbridge that aired Tuesday, lawyer Marie Henein was asked about the #IBelieveSurvivors hashtag that resonated on Twitter in light of the Ghomeshi verdict and, specifically, Mulcair's use of the term."Hashtag 'I believe' is not a legal principle, nor should it ever be," she said.

The problem, she said, lies with how judges interpret the behavior of alleged victims, questioning their credibility if they continue to contact or flirt with the accused following an attack.

“Our sexual assault laws, as they play out on the ground, are profoundly flawed by the deeply gendered assumptions about sex and sexuality,” she said.

The next sexual assault trial

Jian Ghomeshi is facing another sexual assault trial in June. The identity of the complainant is covered by a publication ban. She came forward at the same time as the three other complainants, but the circumstances of her case are different. The sexual assault is alleged to have occurred in the workplace, in 2008, when Ghomeshi was the host of CBC’s Q.

Not guilty: The surreal final day in the Jian Ghomeshi trial .
“I’ve never seen anything like it.” If there was a single refrain to the whole Jian Ghomeshi sexual assault trial, from start to finish — perhaps even the scandal from its breaking moment in the fall of 2014 — that would be it.The not-guilty verdict — widely expected and yet utterly engrossing — wasn’t even the half of it.

Source: http://ca.pressfrom.com/news/weekendreads/-4055-guilty-verdict-still-possible-in-future-jian-ghomeshi-cases-lawyer-says/

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