The Issue of Consent in Sexual Assault Cases

In a case heard in Toronto in 2017, three Toronto police officers were charged with sexually assaulting a heavily intoxicated woman. In finding officers Joshua Cabero, Sameer Kara, and Leslie Nyznikthe not guilty of the alleged offence, Ontario Superior Court Justice Anne Malloy stated that she was not able to reply on the complainant's testimony, which she said was inconsistent, at times implausible, and contradicted by video and the findings of a toxicologist. All of these factors affected the issue of consent.

In the ruling, the judge stated that the slogan "believe the victim," which had become popularized in the wake of a number of high-profile sexual assault trials, had no place in the courtroom. The judge noted that the assumption that complainants in sexual assault cases always tell the truth imposes a burden of guilt on the accused and, in so doing, violates due process (Fine, 2017). Commenting on the case, a representative of the Women's Legal Education and Action Fund stated that the judge's ruling was even more evidence that the criminal justice system is failing to meet the needs of sexual assault victims. More information on the case, the trial, and its aftermath are available online. In any one sexual assault trial, how are the rights of the victims to be protected while ensuring that the accused person receives a fair trial?