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Originally Posted by Blaster86
What mistakes do you think the Crown made? This was always going to be a very difficult to prove case, but was a case worth taking. I don't feel like this is like the Jian Ghomeshi trial where the Crown absolutely ####ed it up at every turn.
In the end, the ruling is correct. The Crown couldn't prove a rape happened. Did the victim get assaulted? This is tough for me. I think once you're in that position, even if you changed your mind how do you escape? It's just not as easy as saying "No" at that point. It should be, but it probably isn't, especially when you're young. I think this is a case where there was no active consent and while it was given initially as the event went on that consent waned. But I don't think it was communicated in away that was clear to the boys. I also realize that how are these guys supposed to know that when it's not communicated?
This is a mess, as these situations always are. Regardless, the boys' testimony reeks of collusion and planning. Something fishy was going on there, and while we'll never know for sure what it was I hope that if it was something nefarious that it sits with these boys for the rest of their lives. We already know it will sit with the victim.
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The Crown didn't prep their witnesses very well. They also didn't win the voire dires which were critical. They didn't handle the video well. They didn't call enough experts on that topic.