“She (Justice Carroccia) cut to the tortured heart of the matter. “Although the slogan ‘believe the victim’ has become popularized of late, it has no place in a criminal trial. To approach a trial with the assumption that the complainant is telling the truth is the equivalent of imposing a presumption of guilt on the person accused of sexual assault and then placing the burden on him to prove his innocence. That is antithetical to the fundamental principles of justice enshrined in our Constitution and the values underlying our free and democratic society. … The approach, in fact, is infantilizing women.”
One has to wonder why this case was prosecuted. “Lead Crown Attorney Meaghan Cunningham, chair of the province’s sexual violence advisory group, had warned E.M. that, while she believed the test to prosecute had been met — that E.M. was incapable of giving consent under the circumstances — it was “not a really, really strong case.”
In the end, Cunningham’s caution was on the nose. And E.M. is the loser.
But as she prepares for her upcoming wedding, to the same boyfriend she cuckolded back then, E.M. is also a much richer woman. The verdict doesn’t matter. She doesn’t have to give the money back.”
