Ghomeshi charged

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Originally Posted by ninepointer

A commentator on the radio this morning said such women often go back because they are seeking to make things "normal" and put the event behind them. Clearly self-doubt and self-esteem issues are present.

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Now that's interesting!

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Originally Posted by trimmer21

It's not assault where there's consent whether actual or implied,especially,among other things already in evidence to be considered,there's an element of doubt,the benefit of which always MUST go to the accused.

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Exactly.

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Originally Posted by trimmer21

The defense will never agree to a suspended sentence because it's a finding of guilt. With this trial,as far as they're concerned,it will be all or nothing,going to an immediate appeal. Any finding of guilt,at all,in any way shape or form,will invite lawsuits from accusers and will be sent to civil court where the burden of proof is much lower. With an acquittal,everything is over and done with.

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But the defense doesn't have to agree to it. And to appeal it the defense will have to show that the judge made an error in judgement or the appeal will be denied. He then also takes the risk at the new trial of being found guilty with jail time and additional lawyer costs.

Can you provide examples successful lawsuits in Canada where victims of assault have been awarded anything? They would have to show demonstrate a financial loss as direct result of the assault (which has been mentioned in this case) or to get punitive damages, would have to demonstrate their lives were seriously affected by the assault (loss of ability) in which they apparently were not according to their behavior documented in the current case. They would also be subjecting themselves to a countersuit and end up pay all of his legal costs. I don't think his lawyer works cheap, so it would be a financial nightmare to take him on and lose.

Unless he can prove prior consent was given, he is still in trouble. I know a guy who was charged with assault 6 years after he had split up with his ex. They had actually "hooked up" a few times after she moved out. He was found guilty.

In this case, there is no reasonable doubt that the assaults took place, there is reasonable doubt that victims were as impacted by it as they would have liked to have appeared. This is why I think the judge will find some middle ground to benefit society as a whole.

Judges can't hand out not guilty verdict based on a victim's character.

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Originally Posted by B Wilson

But the defense doesn't have to agree to it. And to appeal it the defense will have to show that the judge made an error in judgement or the appeal will be denied. He then also takes the risk at the new trial of being found guilty with jail time and additional lawyer costs.

Can you provide examples successful lawsuits in Canada where victims of assault have been awarded anything? They would have to show demonstrate a financial loss as direct result of the assault (which has been mentioned in this case) or to get punitive damages, would have to demonstrate their lives were seriously affected by the assault (loss of ability) in which they apparently were not according to their behavior documented in the current case. They would also be subjecting themselves to a countersuit and end up pay all of his legal costs. I don't think his lawyer works cheap, so it would be a financial nightmare to take him on and lose.

Unless he can prove prior consent was given, he is still in trouble. I know a guy who was charged with assault 6 years after he had split up with his ex. They had actually "hooked up" a few times after she moved out. He was found guilty.

In this case, there is no reasonable doubt that the assaults took place, there is reasonable doubt that victims were as impacted by it as they would have liked to have appeared. This is why I think the judge will find some middle ground to benefit society as a whole.

Judges can't hand out not guilty verdict based on a victim's character.

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Where a Judge issues a guilty verdict when most evidence has been compromised and the character of the complainants as liars has been established,an appeal will be a slam dunk.

Happen to agree with most here, suspect at this point he's going to walk.

Hypothetical question.
A person dies due to erotic asphyxiation. Should the person doing the choking, avoid charges or be found not guilty?

Just one point..... there is a cavernous difference between not guilty and innocent.

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Originally Posted by JBen

Happen to agree with most here, suspect at this point he's going to walk.

Hypothetical question.
A person dies due to erotic asphyxiation. Should the person doing the choking, avoid charges or be found not guilty?

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If a Liberal....not guilty of course. lol

Absolutely. :)

Granted assaulting someone is far less grevious than killing them, but I'm wondering. In a case that featured fatal EA, which is also by "consent"................Great all the Jians of the world have to say is "it was consensual"....Prove it

Unfortunately this case seems to have been decided by a defence attorney whose is known for her brutal Xs and character assignations, and how difficult it is proving such things years after the fact (some articles out there saying how hard it is for crowns). It's kind of sad, because it is known that many victims go back, or struggle to break away. Often are dealing with some form "weakness" ( Don't know quite what to call it) be it low self-esteem other. These people want to be controlled in ways that many of us just can't fathom, some want or need pain to get off. Is a punch to the face different than being bound and having hot wax dripped on? Like a moth to flame imo when they cross paths with a predator. And it will certainly send a broadside for all future victims who already we know often don't come forward for fear of...

Not being believed
Shamed and victimized
And the more powerful the person or the more monied the person (see Bill Crosby).....

"Absolutely :)" Hunter John

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Originally Posted by yellow dog

If a Liberal....not guilty of course. lol

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A liberal judge would find him guilty only to prevent him from suing the cbc

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Originally Posted by B Wilson

A liberal judge would find him guilty only to prevent him from suing the cbc

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lol Interesting twist.

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Originally Posted by trimmer21

Where a Judge issues a guilty verdict when most evidence has been compromised and the character of the complainants as liars has been established,an appeal will be a slam dunk.

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What evidence was compromised and how was it compromised? I must have missed it. One would think the very sharp defence lawyer would ask for it to be removed.
which aledged victim lied? I am only aware that they didn't provide all details to the police or crown, but nothing solid to support that they lied. Don't get me wrong, these women appear to make a lot of dumb decisions and have embarrassed themselves and the crown.

i would lean towards a slam dunk not guilty verdict if the defence can produce a witness / ex boyfriend of one of the lady's that say yeah she liked it real rough, begged to be punched, choked, etc.