Legal Issue: the Sexual Assault Debate

You are to consider the following articles and video to gain an understanding about the debate surrounding sexual assault and criminal law:

BBC - Canada & Sexual Assault Cases

Global News - Sex Assault Victims choose Civil Court

Globe & Mail - McLachlin Comments - SCC Chief Justice comment on sexual assault cases

Globe & Mail Op-ed - Op-ed piece about Justice McLachlin's comments about sexual assault

CBC - Judge Explains Sex Assault Acquittal - A NFLD Judge outlines why he ruled the way he did and what it means for the justice system

CBC - Sexual Assault Trial Alternatives - Experts suggest alternatives to the current criminal legal system when dealing with sexual assault

CBC Interview with Marie Henien - She was the lawyer defending Jian Ghomeshi against sexual assault charges, in what turned into a very controversial case.

Now that you have an understanding of the issue, you are to reflect on the following questions:

When dealing with incidents of sexual assault, where should the legal system be focused: on supporting the victim, or protecting the rights of the accused? Which is more important? Can they be effectively balanced?

Your response is to be written in a formal paragraph form using full sentences. You are to make a clear stance on the issue and back it with a thoughtful rationale. Draw on points made in the articles and interview to formulate and support your position.

Your response will be graded for:

• A clear, persuasive, and accurate position that demonstrates an understanding and critical thinking of the issue
• Specific examples/evidence from the articles and video to support your position
• Coherent and formal writing style and structure