brad@looking.UUCP (Brad Templeton) (12/03/83)
Courtesy of the Canadian Press, here is the story on this controversial case: Attorney General Roy McMurtry told the legislature Thursday that the alleged rape victim was offered a new identity and relocation, but turned it down, saying she would only accept constant police protection for her and her family for 20 years. After she refused to testify, one of the men charged was acquitted and the charge was dropped against the other one. The woman had testified at the preliminary hearing of one of the accused men, but she refused to testify at this five-day trial. She also refused to testify at the second man's preliminary hearing. The woman said she had been threatened and feared retaliation if she testified. An official from the Ottawa rape crisis centre testified the woman was nervous because she received phone calls from someone who hung up as soon as the phone was answered. Mr. Justice Joseph O'Brien of the Ontario Supreme Court found the woman in contempt of court and sentanced her to seven days in jail. (This ended today) Before sentencing her, O'Brien said the "character and credibility" of the woman played a major role in the rape trial. "There was evidence that at one time the complaintant had been heavily into drugs and and one time was engaged in prostitution." O'Brien said. "There was also evidence that she had problems at home. Her mother testified she ejected the daughter from her home in 1979 and at an earlier time concluded the complaintant was a liar and on a number of occasions had made up stories to gain attention for herself." McMurtry, who delivered a lengthy statement to the legislature on the case, said that while the Crown didn't ask that the woman be sent to jail, citing her for contempt "as far as I am concerned was quite a proper course of action" The opposition complained. Liberal leader David Peterson told the legislature this case sends out the wrong signals to those who are humiliated, who are traumatized ... by this kind of situation" This is just what the press said, without comment. It does seem to me that the only reason for the outcry is that the case concerns rape. If somebody lodges a complaint, testifies at the hearing and then refuses to show up and the trial, you have to discourage this sort of thing. Perhaps jail is a bit much, but you can't let them off. If you do, it makes every witness subject to threats from accused concerning the consequences of testimony. ..... Meanwhi -- Brad Templeton - Waterloo, Ontario (519) 886-7304