Justice RSS
EP#158 | The Legality of BDSM & Bodily Harm
The legality of BDSM and bodily harm is complex and in need of reevaluation to prioritize consent, bodily integrity, and privacy, allowing consenting adults to engage in BDSM activities without automatic criminalization Questions to inspire discussion Legal Considerations 🔒 Q: What is the legal status of BDSM contracts? A: Advanced consent via BDSM contracts is not legally binding, and consent to bodily harm is considered invalid in the eyes of the law. ⚖️ Q: How do judges typically approach BDSM cases? A: Judges decide what people can or cannot consent to, often with a conservative bent, determining the boundaries of...
Oath Helping The Disturbing Trend That Leads to Wrongful Convictions
Certain court practices, such as "oath helping" and improper questioning of complainants, can lead to wrongful convictions in sexual assault cases by undermining the presumption of innocence and influencing witness credibility Questions to inspire discussion Testifying in Sexual Assault Cases 🗣️ Q: Why is testifying crucial for the accused in sexual assault cases? A: Testifying is vital for the accused to provide their version of events to the judge and jury, as not testifying can lead to jury speculation about what the accused is hiding, potentially harming credibility. 👨⚖️ Q: Should the accused testify even if their testimony isn't...
Case Closed: Wins for the Defence
The hosts, who are likely lawyers or legal professionals, share their experiences and successes in defending clients against sex assault allegations, highlighting the importance of careful questioning, professional cross-examination, and scrutinizing witness credibility in achieving not guilty verdicts Questions to inspire discussion Cross-Examination Strategies 🔍 Q: How can defense attorneys effectively use cross-examination in sexual assault cases? A: Focus on exposing inconsistencies in testimony, use digital evidence like text messages, and employ a "good cop" strategy by asking about what's not present in the case. 🕵️ Q: What's the "good cop" cross-examination strategy? A: Gently ask questions to get...
EP#174 | All About Disclosure
Sexual Inactivity Evidence
The Supreme Court of Canada has established new rules regarding the use of evidence of a complainant's sexual inactivity in sexual assault trials, making it presumptively inadmissible and outlining a specific procedure for its potential introduction Questions to inspire discussion Legal Procedures 🏛️ Q: What new procedure must the Crown follow for sexual history evidence? A: The Crown must now follow a two-stage procedure for admitting sexual history evidence, including preparing a written application detailing the evidence and its relevance, providing fair notice to the accused at least 7 days before trial. ⚖️ Q: How has the Supreme Court...
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