Acquittal of Bassam Al Rawi
| Taxi Driver sexual assault case | |
|---|---|
| Location | Lua error in Module:WikidataIB at line 665: attempt to index field 'wikibase' (a nil value). |
| Date | Lua error in Module:WikidataIB at line 665: attempt to index field 'wikibase' (a nil value). |
Attack type | Sexual assault |
| Victim | Unknown Female |
| Charges | sexual abuse |
The acquittal of Bassam Al Rawi became a political issue in Canada Justice Gregory Lenehan acquitted taxi driver Bassam Al Rawi of the rape of a severely intoxicated passenger on the grounds that “a drunk can consent” to sexual relations.[1]
Writing in the Canadian Bar Review (journal of the Canadian Bar Association), Elaine Craig, a professor of law at Dalhousie University, alleged that "the trial record in Regina v Al-Rawi... suggests a failure of our legal system to respond appropriately to this allegation of sexual assault."[1]
Incident[edit]
During the early morning of May 23, 2015, a 28-year-old woman had taken a taxi to her home from a downtown Halifax bar. A police officer spotted the woman in the back seat of the cab in the South End of Halifax at 1:20 a.m. The woman was found with some of her cloths removed and intoxicated with her legs propped up in the two front seats.[1][2][3][4]
The case became a matter of intense public debate and interest after the Judge acquitted Al-Rawi on the grounds that “a drunk can consent” to sexual relations.[5]
First trial[edit]
Judge Gregory Lenehan heard the case and, in a 20 minute oral opinion, ruled that “a drunk can consent.”[5] The ruling was followed almost immediately by formal complaints ot the judicial system and public protests.[5]
Forensic analyst[edit]
It was determined that the blood-alcohol level was as high as 241 milligrams per 100 Millilitres of blood. During the case analyst has indicated that these levels the woman would have difficulty creating long-term memory from short term experiences.
Review of taxi license[edit]
Halifax Regional Council reviewed the status of Al-Rawi's tax license,[2] which was suspended in May 2015 but reinstated three months later following an appeal by his legal council Luke A. Craggs.[6]
Appelate trial[edit]
After the acquittal "drew national headlines," Nova Scotia's highest court set an appeal hearing for November 22, 2017.[7] Due to the public's "intense interest," in the case, the Court of Appeal granted intervenor status to LEAF, the Women's Legal Education and Action Fund, and to Halifax-based Avalon Sexual Assault Centre.[7] The appeal was argued on 22 November 2017.[8]
Misconduct allegations against Justice Gregory Lenehan[edit]
Judge Michael MacDonald, Chief Justice of Nova Scotia, announced the establishment of a committee to review allegations of misconduct against Justice Gregory Lenehan, Provincial Court Justice regarding this case.[9]
Public reaction[edit]
With two marches scheduled after the acquittal in protest of the ruling by Judge Gregory E. Lenehan. Plus groups are composing letter of complaint seeking a judicial council review and 12 women's agencies from across Nova Scotia is calling for Lenehan to be removed from the bench.
References[edit]
- ↑ 1.0 1.1 1.2 Elaine Craig, "Judging Sexual Assault Trials: Systemic Failure in the Case of Regina v Bassam Al-Rawi," Canadian Bar Review 95, no. 1 (2017): 179-212 [1]
- ↑ 2.0 2.1 MacDonald, Alison Auld and Michael (1 March 2017). "Cabbie's acquittal renews debate over court rulings around alcohol and consent". Retrieved 26 January 2018.
- ↑ Boon, Jacob. "Halifax taxi drivers keep sexually assaulting their passengers". Retrieved 26 January 2018.
- ↑ Patterson, Laura. "Nothing is enough for Judge Gregory Lenehan". The Coast Halifax. Retrieved 26 January 2018.
- ↑ 5.0 5.1 5.2 Csanady, Ashley (3 March 2017). "Nova Scotia judge facing formal complaints, petitions, for finding cabbie not guilty of sex assault". National Post. Retrieved 31 January 2018.
- ↑ Rowlands, Aaron. "Luke A. Craggs, Barrister & Solicitor - Halifax Criminal Lawyer". notguilty.ns.ca. Retrieved 26 January 2018.
- ↑ 7.0 7.1 Rhodes, Blair (26 May 2017). "Nova Scotia's highest court sets date for appeal of cabbie sex assault acquittal". CBC. Retrieved 31 January 2018.
- ↑ Mulligan, Preston (22 November 2017). "Appeal argued in case of Halifax taxi driver acquitted of sexual assault". CBC. Retrieved 31 January 2018.
- ↑ Fine, Sean (7 September 2017). "Nova Scotia judge who acquitted taxi driver of sex assault to be investigated". Globe and Mail. Retrieved 31 January 2018.
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