Wednesday, August 27, 2014

Wonder if Judge Mary Jane Mowat has ever heard of this fellow?

Manitoba Court of Queen's Bench Justice Robert A. Dewar

Good Day Readers:

While reaching this article found something interesting. Justice Marianne Rivoalen has been appointed Acting Associate Chief Justice (Family Division) Manitoba Court of Queen's Bench although no date for the appointment was listed. She was appointed to the Bench in February of 2005.

This means taxpayers are now funding two Family Division Associate Chief Justices one operative the other not.

Clare L. Pieuk
Rape conviction statistics won't improve 'until women stop getting drunk' days retired female judge

Comments come three years after Judge Mary Jane Mowat told a teacher convicted of child porn offences that she wouldn't criticize him for being attracted to children.

Judge Mary Jane Mowat who has criticized women rape victims for getting drunk and being unable to recall what happened to them.

By Alice Philipson and agencies
Tuesday, August 26, 2014

Rape conviction statistics will not improve “until women stop getting drunk”, a retiring judge has said, as she is criticised by women's rights campaigners for her "potentially very harmful" remarks.

Judge Mary Jane Mowat, 66, who worked at Oxford Crown Court until earlier this month, said it was difficult to secure convictions when women could not be sure what had happened because they had drunk too much.

She said juries were faced with an impossible task when a case came down to one person's word against another.

The retired judge told an Oxford newspaper: "I will be pilloried for saying so, but the rape conviction statistics will not improve until women stop getting so drunk.

"It is inevitable that it is one person's word against another, and the burden of proof is that you have to be sure before you convict.

"I'm not saying it is right to rape a drunken woman and I'm not saying for a moment that it's allowable to take advantage of a drunken woman."But juries are in a position where they've got a woman who says: 'I was absolutely off my head, I can't really remember what I was doing, I can't remember what I said, I can't remember if I consented or not but I know I wouldn't have done.'

"When a jury is faced with something like that, how are they supposed to react?"Katie Russell, from Rape Crisis England, described her comments as "potentially very harmful."

She said: "The point that she and other influential people within the criminal justice system should be making clearly and publicly is that if a woman is incapacitated through drink or drugs then she is not capable of giving her consent."And the legal responsibility is on the defendant to evidence how they sought and received that consent, not on the survivor to recall every detail of events.

"It is important to remember that currently only an estimated 15% of all those who are raped choose to report to the police."

The comments come three years after Mrs Mowat was condemned for telling a teacher convicted of child pornography offences that she would not criticise him for being attracted to children.

David Armstrong, 63, a supply teacher, escaped with a suspended sentence after admitting possessing 4,500 indecent images of children.Judge Mowat told him: "I don't criticise you for being a teacher who's attracted to children."Many teachers are but they keep their urges under control both when it comes to children and when it comes to images of children."


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