Thursday, February 24, 2011

Judge Rules Rape Did Not Occur Because of "Misunderstanding"

According to Winnipeg judge Robert Dewar (appointed September 2009 by Justice Minister Rob Nicholson), women should not talk to men because it could be unintentionally conveyed that there is "sex in the air" and the laws regarding rape are thrown out the window.

No means no, only if you say no first.

"They made their intentions publicly known that they wanted to party," said Dewar.

...

"This is a different case than one where there is no perceived invitation," said Dewar. "This is a case of misunderstood signals and inconsiderate behaviour."

...

"I'm sure whatever signals were sent that sex was in the air were unintentional," [Dewar] said.

"There is a different quality to this case than many sexual assaults," [Dewar] said. "Not all guilty people are morally culpable to the same level. This difference is not to be reflected in conviction. It can be reflected in sentencing. Protection of society is not advanced one iota by putting [the defendant] in jail."
I don't know what the process is to have a judge removed from the bench, but whatever it is, it needs to be reviewed in this case.

9 comments:

Kev said...

I posted on this as well and came to the same conclusion that you did and that is justice Robert Dewar is unfit to sit on the bench and should be fired post haste.

The process is a long drawn out one however it starts with a compliant to the Chief Judge as set out below.

http://web2.gov.mb.ca/laws/statutes/ccsm/c275e.php#28
refer to part IV

Complaints

28(1) Any person may make a complaint to the Chief Judge alleging misconduct by a judge or the incapacity of a judge, and the complaint shall be dealt with in accordance with this Part.

Complaints about Chief Judge

28(2) Despite subsection (1), if the Chief Judge is the subject of a complaint, the complaint shall be made to the Chief Justice of the Queen's Bench.

Form of complaint

28(3) A complaint shall be in writing and signed by the complainant.

Assistance to public

28(4) Upon request, the administrator shall arrange for the provision of assistance to any person in the preparation of a complaint.

Notification to judge

28(5) On receiving a complaint, the Chief Judge shall give a copy of the complaint to the judge who is the subject of the complaint.

Gayle said...

Not that I do not agree with the thrust of your argument, the truth is he convicted this man of rape, so he obviously did not "throw the laws out the window". He cited these factors as mitigating the sentence.

He will not be removed from the bench, but I am sure his sentence will be appealed.

Sid said...

Actually it was a Thompson judge, not Winnipeg.

Alberta already had this judge with the "bonnets" decision, Dewar will be resigning shortly.

Jim (Progressive Right) said...

@Gayle,

We might be arguing semantics. True, the law wasn't thrown out, but it sounds like the judge would have preferred to rule "not guilty, by reason of it being the victim's fault."

The assault was proven (he said so), he just didn't think the defendant was to blame.

Anonymous said...

Thank the disease that's called "progressive liberalism".

This judge, who is unelected and not accountable to anybody but his friends, can do this type of garbage because there are no checks and balances.

Canada is a country of special interests.

If you're in the government, you're in!!!!!!!!!!!!!!

Do whatever you want with no chance of ever being fired plus 4 to 6 percent wage increases every year for the foreseeable future.

Sounds almost too good to be true.

Jonathan said...

Yeah, Jim. This is f-ing disgusting. There is no justification for the garbage the judge pulled.

Gayle said...

"This judge, who is unelected and not accountable to anybody but his friends, can do this type of garbage because there are no checks and balances."

Actually, he is accountable to the Court of Appeal of Manitoba, the Supreme Court of Canada, and the Canadian Judicial Council.

But otherwise, sure, maybe his friends rag him a bit for his decisions too.

Sheesh.

Anonymous said...

The dear old judge is not only quite old but somewhat conservative about what women can and cannot do in society. Ironically he is a civil litigation lawyer by trade and part of the old boys club. Wonder what his opinion would have been if it was a female family member - or perhaps all Canadian women no longer have their rights!

Anonymous said...

"Actually, he is accountable to the Court of Appeal of Manitoba, the Supreme Court of Canada, and the Canadian Judicial Council."

And those would be his friends.

Why are progressives so ignorant?