Consent or No Consent?


The woman was very drunk, enough that she peed in her underwear and pants. That tells me that she was out of control and the guy took advantage of her. (I think) The problem is the judge has no proof that she didn't want to have sex and she remembers nothing. What are you going to charge the guy? For not being ethical? Was she too drunk to even consent and he took advantage?
 
Open season on drunk women taking cabs home? To me there's an additional duty of care here. People are encouraged to view cabs as a safe way home if they drink too much. I have sent heavily intoxicated female friends home by putting them in a cab.

Not good.
 
As Fuji writes. When a woman takes a cab home there is a certain trust factor. She is originally aware that she needs to get home safe while under the influence. I highly doubt it was in her plan to get involved with the driver. Now proof of mind frame at the time to give consent is the problem here. I have even offered to give friends that happen to be girls rides home when they have a drink or two or put them in a cab. They always have their spidey sense up and think guys are trying to get in their pants. But, at a certain point in my opinion they are too far gone to give consent or it should be respected that they would regret it in the morning.
 
This is extremely disturbing. IMHO I don't think a drunk can give consent, especially one that cant remember any details of what happened that night. In the article it says the cab driver went to the citys south end and parked the car. That is where the sexual activities took place. What the driver should have done is made sure she had got home safely instead of thinking with his little head. The fact that the judge does not see anything wrong with this is extremely disturbing.
 
Do they have cameras in these cabs?

I can remember a couple of incidents right here in Dodge City involving cabs. One cab ran over and killed a rollerblader. Another cab driver tried to run over a cyclist.
 
I know Ontario cabs have cameras not sure about nova scotia.It doesn't seem that way though considering they gathered the evidence using DNA


Do they have cameras in these cabs?

I can remember a couple of incidents right here in Dodge City involving cabs. One cab ran over and killed a rollerblader. Another cab driver tried to run over a cyclist.
 
Yeah, I know there's a huge cultural discussion regarding girls who are inebriated and the level of consent right now, but this one doesn't scan as "he said, she said" to me. I mean, even if a girl consented, if she was drunk out of her mind and pissing her pants, I would not go through with the act. Never mind that wanting to fuck your cab driver in his car within minutes of meeting him does not scan at all.
 
Wrong decision by the judge. Bad comments.

But cripes while no one deserves to be sexually assaulted use some common sense lady! Don't get so frickin' hammered you pee your own pants.

Would we be so sympathetic if she commuted a crime while intoxicated? People need to understand that getting drunk is not a license and an excuse for not showing good judgement

Cabbie is a scumbag. Unfortunately they exist. He deserves to have the Book thrown at him.
 
But cripes while no one deserves to be sexually assaulted use some common sense lady! Don't get so frickin' hammered you pee your own pants.

Why not? I've gotten drunk enough to pass out in a cab. I left my car at home and figured I was safe. She should be able to as well.

She was smart enough to take a cab home and didn't commit any crime.

Seems like blaming the victim. Not far off from saying it's her fault for not wearing a burka.
 
cabbies an idiot but there are too many don't knows to prove anything

don't know if she said ya lets get it on, non drunk, semi-drunk, pissed drunk have said yes
don't know if thats her pee or what
don't know when she passed out
her dna was on his lips.....so there was no dna on his dick? he just did oral?
 
I don't see the controversy. The hack driver should be thrown in jail for taking advantage of someone in that condition.

I would also amend this to say that the judge should be removed from being a sitting judge and retired. They should also be fined and made to give a public apology.
 
Defense lawyer Kim Schofield who read and analyzed the judgement was interviewed on CP24 and said she agrees with the judgement. The bar for putting someone in prison is a very high one. Wonder if the law could have convicted the accused on a lesser charge? Also, there may be grounds for appeal.

Protest planned for next week.
 
I don't see the controversy. The hack driver should be thrown in jail for taking advantage of someone in that condition.
Agreed. Like some other occupations, cabbies are in a position of special power and trust and should be held to a higher standard of behaviour towards their passengers than we ordinarily expect of people.
 
Crux of the judgement: " the Crown had failed to provide any evidence that the complainant did not agree to sexual activity." One may or may not agree, but the onus is on the crown to prove beyond a reasonable doubt.
 
Crux of the judgement: " the Crown had failed to provide any evidence that the complainant did not agree to sexual activity." One may or may not agree, but the onus is on the crown to prove beyond a reasonable doubt.

I think in demonstrating that the complainant was so drunk she passed out and peed her pants the Crown did in fact show evidence that she did not consent, because she could not consent. The judge claimed a person that drunk can consent and THAT is what everybody is reacting to.