It is TC Defence’s opinion, and my personal opinion, that a woman is not responsible for unwanted sexual advances due to the type of clothing, amount of makeup, choice of undergarments, or behavior prior to being to being sexually assaulted.
This case defies precedent set in 1999 in R v. Ewanchuk that states that implied consent is not a defence for sexual assault. Clearly the victim in Queen v. Rhodes did not give expressed consent to sexual intercourse, yet Kenneth Rhodes had sex with her anyway. Although the judge has found him guilty, he has given Rhodes a conditional sentence citing that the sexual assault occurred as a matter of misunderstanding, and that the victim gave Rhodes (I’m paraphrasing) consent as an implication due to her dress, and ‘party-like’ behavior. If not defying the letter of the law, it defies the spirit of the law to prohibit implied consent in determining guilt, yet permit it as the excuse for reduced sentencing.
As a man, I am disgusted that men like Rhodes exist, and I am angered that judges like Dewar promote the stigma and myth that a woman can ask to be sexually assaulted because of her attire, or behavior. It implies that men are weak by nature, and cannot help themselves in the face of a pretty, extroverted, or freely expressive woman. It is a cop-out and it is insulting to real men, and to all women. Until the justice system, as well as all members of society, decide to hold men responsible for their actions towards women, sexual assaults like this will continue. All men who enable this abdication of responsibility reduce themselves to the same moral character as those who commit the act of sexual assault, and they are deserving of the same amount of disrespect.
Ewanchuk had committed sexual assault prior to the case that led to the 1999 precedent, as well as after. He was finally given an 11 year sentence to stop his pattern of behavior. What message has Rhodes been given to stop his? Judge Dewar is reported to have remarked that there is not one iota of benefit to society in keeping Rhodes behind bars. If Rhodes decides to follow the same pattern as Ewanchuk, the cost of Dewar realizing his mistake in judgement will be too high.
It is worth noting that the Canadian Judicial Council is reviewing this ruling. We, at TC Defence, hope that this ruling is not only overturned in higher courts, but that Judge Dewar is at the very least, reprimanded for his judgment, and preferably removed as a judge in the Court of Queen’s Bench. There should be no room for such sexism in the judicial system.
Stay safe out there.
- Kris Kembel
Lead Instructor
Take Control Self Defence
Globe and Mail coverage of this story
R v. Ewanchuk wiki page
