Quote:
Originally Posted by polak
Oh I know, I was hoping a lawyer or some well versed in the matter would chime in to shoot this down. I'm just wondering what would happen.
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Quoting again my law school girlfriend to your earlier question of "One party can reneg using alcohol as an excuse and the other cannot. What if they both claim rape? Plausable?"
She said: "no... the crown would have to choose which charges to move forward with, its the same as a murder.... you cannot say you were so drunk you didn't know what you were doing....but the victim can still be drunk enough to have gotten into the situation...
Basically... yes there is a concern that a complainant is lying because she is embarrassed but there are WAAAAAAAy more hoops and awful trials she would have to go through so that would be very rare...The court still needs to accept her story... if she is uncredible than there would be no actus reus
There is so much more than just a he said/she said drunken night accusations... there is a very detailed process and it is very complicated to protect an accused's s.7 and s.11(d) charter rights...the mental fault is subjective basically to prevent an innocent person from going to jail, if they honestly believed consent was there...long story.. also whoever you are arguing with is slightly offensive"