WaldoBC asked in Social ScienceGender Studies · 5 years ago

Some recent news in Canada...?

Today the verdict is… Jian Ghomeshi was acquitted.

#IBelieveSurvivors hashtag follows.

http://www.cbc.ca/news/jian-ghomeshi-sexual-assaul...

Rape is, pure and simple, 'sex without consent'. Sex that is later regretted or violent consensual sex is not rape.

My question: If a rape really happened, can a woman 'cry rape' regarding one specific incident even after continuing a relationship and having more consensual sex where her 'supposed' rapist?

Update:

I used the wrong W.

... with her 'supposed' rapist?

23 Answers

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  • 5 years ago
    Favorite Answer

    " Some recent news in Canada...

    Today the verdict is… Jian Ghomeshi was acquitted.

    #IBelieveSurvivors hashtag follows."

    My thoughts on this case is better reflected by the accused's [now absolved] sister's statement: "Our hardest burden has been our feeling of helplessness as we have watched him endure a punishment that was delivered not only prior to a verdict, but prior to any semblance of due process for well over a year,"

    We cannot, and should not, for the sake of justice, fairness, and ethics, remove a person's hope to get a fair trial by nullifying due process and by denying them the right to voice their opinion.

    To answer your question: My question: If a rape really happened, can a woman 'cry rape' regarding one specific incident even after continuing a relationship and having more consensual sex where her 'supposed' rapist?

    Yes, and this has happened in many cases which have been unearthed in many recent cases, like the one about the "mattress girl" where she had sex with him, and then days later, got the idea that it was rape, from a friend who convinced her to accuse her boyfriend.

    There are such people and cunning lawyers who would abuse, misuse, and appropriate laws, and loopholes in laws, to make a quick buck and to clinch popularity and book-writing deals. Our only hope lies in encouraging an atmosphere where the value of "due process" isn't diminished to make certain people feel good about themselves.

    Great question!

    ETA:

    To address your other question: "Can a wife after 15 years of marriage and 3 kids say to her husband, "Remember that time in high school when I was drunk and you took advantage of me? Remember? Well, when we get divorced, you'll be charged with rape"?"

    Yes, she can do it. There's no statute of limitations w.r.to charges of sexual assault/rape.

  • Art
    Lv 7
    5 years ago

    What it proves is you can't lie under oath , to the media and to the police and expect to win a case that depends in it's entirety on your credibility as a witness.

    There was definitely collusion between witnesses which would have got the case thrown out before it even went to court no mater what the charges if that fact had been known.

  • 5 years ago

    Jian Ghomeshi was acquitted on the basis of inconsistencies and deception (lies form certain key testimonies). That doesn’t mean these events never happened. It doesn't mean that Jian Ghomeshi is innocent of a crime. What is does mean is that the court doesn’t have sufficient faith in the reliability or sincerity of the complainants and rape accusations. Next time, don't lie, don't have inconsistencies, and just tell the truth of what happened.

  • amy
    Lv 6
    5 years ago

    answer to your question if rape really did happen regardless of consented sexual intercourse afterwards or relationship then yes but that's not why they closed that case it was because they were caught out lying and manipulating therefore their word could not be considered truthful they also had seemed unshaken by the cross examines. So unshaken by something that in their words had traumatised them and they lied and manipulated that's not the same.

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  • 5 years ago

    Yes

  • 5 years ago

    This trial shows the importance of providing evidence of a crime whenever someone is accused of a crime, and the importance that the community reserve its own public judgement until the evidence is known and examined by court.

    If he (in this case Mr Ghomeshi) had been raped by one or more of those women, would he need evidence to support his accusation? Or should we (the Internet public) simply believe him without question?

    When you lie to the court, the court thinks you are lying.

  • 5 years ago

    The problem is not clever defense lawyers nor judges who understand the law but not women's issues. The problem is not women who can't get their story straight nor is it incompetent police and prosecutors. The problem is the law itself.

    Fixing it is simple, I think. Remove a defendant's right to select trial by judge & jury or by judge alone. With a jury, properly selected in place, a guilty verdict would have been assured in this case.

  • 5 years ago

    we outsider can not know what they said. Judge is not stupid. The question I like to know if these girls knew each other before filing the case? Did they meet with each other?

    Judge found these women give the consent. They wanted BD in that they women have to summit to the man. They enjoyed it. Why they still went to him if they did not like it. It is like that Move 50 shades of Gray. Jian must have good stamina and those women were not satisfied. (my thought).

  • lynda
    Lv 7
    5 years ago

    I think he did it but the women were deceptive and the judge didn't have any clear evidence that he did. Better keep his pecker in his pants. Next time he may not be so lucky.

  • Anonymous
    5 years ago

    '"The harsh reality is that once a witness has been shown to be deceptive and manipulative in giving their evidence, that witness can no longer expect the court to consider them to be a trusted source of the truth," Horkins said.

    Damn straight .. They're lying, deceiving and manipulating because they have no genuine case

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