By Sammie Jones-
A Canadian federal judge is facing potential sacking for asking a rape complainant in a 2014 rape trial: “Why couldn’t you just keep your knees together?”
The Canadian Judicial Council (CJC) are assessing the complaint of justice Robin Camp, 64, who apologized on Friday for his questioning of the 19-year-old woman.
born in South Africa, Camp moved to Calgary in 1998, where he was a provincial court judge during the time of the rape trial. His rigorous and insensitive line of questioning shocked the complainant, and also, many experts in the legal field. Most expected a judge to understand the seriousness as sensitivity of rape cases, especially where many rape victims leave court without justice, as well as the trauma that often accompanies re-living the ordeal of a rape through the legal court process.
The initial problem a lot of rape cases present is the fact it is not always apparent from the evidence whether the complainant is an honest witness, or one with ulterior motives. However, both the alleged victim and the defendants should always be given the hypothetical benefit of the doubt in serious rape cases, adjusting their perception as the case progresses, and evidence continues to come to light.
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Nevertheless, the judge should remain neutral in his outlook in his dealings with the respondent and the defendant, until the final verdict id announced.
The judge in this case, acquitted the man accused because he found his version of events more credible.
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Court transcripts show Camp also told the woman “pain and sex sometimes go together” and referred to her as “the accused” throughout the trial, even though common sense makes it obvious she was the accuser.
Camp’s verdict was overturned on appeal, and a new trial was ordered. Camp said lack of knowledge regarding Canada’s sexual assault law was the reason for the legal outcome.
Robin Camp said he had been in South Africa during the 1960s through the 1980s and had not understood the changes to Canadian sexual assault law intended to protect women from discriminatory attitudes.
“I didn’t know what I didn’t know,” he told two-panel members who asked why he hadn’t used the legal education funds he receives as a judge to improve his knowledge of Canadian sexual assault law.
The process of judicial review takes place tomorrow on Monday. The CJC will then forward its final recommendation to the federal justice minister. Camp should be kept a mile away from rape cases, after this huge shortcoming, not excusable or even mitigated by an apology, no matter how sincere.
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