The Tri-County Women’s Centre has added its voice to a growing number of groups and individuals condemning a judge’s decision and remarks in a recent sexual assault case.
Judge Gregory Lenehan acquitted a Halifax cab driver of sexually assaulting an intoxicated woman who was passed out in his car.
Lenehan said that “clearly a drunk can consent”.
The Crown is appealing.
Bernadette MacDonald of the Yarmouth-based women’s centre says it’s appalling.
“Lenehan’s judgement in this case demonstrates a clear disregard for, and lack of understanding of, sexual assault, and also his understanding of consent which is clearly defined in the Criminal Code.”
She says it’s shocking.
“That in this day and age that someone who has the position and the esteem of a being a judge should have thee attitudes. We cannot allow it to happen and he absolutely needs to be removed.
In a news release, Nova Scotia’s Public Prosecution service says it’s appealing the decision on the following grounds:
— the provincial court judge erred in law in holding the Crown had adduced no evidence of lack of consent on the part of the complainant
— the provincial court judge erred in law by engaging in speculation on the issue of consent rather than drawing inferences from the facts proven in the evidence
— the provincial court judge erred in law by failing to give proper legal effect to the facts found by him
— the provincial court judge erred in law in his interpretation and application of the test for capacity to consent
— the provincial court judge erred in law by failing to direct himself on the provisions of section 273.1 of the criminal code
— the provincial court judge erred in law by failing to determine whether the accused had taken all reasonable steps to ascertain that the complainant was consenting
— such other grounds of appeal as may appear from a review of the record under appeal.
