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14-year-old arrested on hate crime charges in alleged assault on San Diego rabbi

A 14-year-old boy was arrested on suspicion of a hate crime Friday, a week after a rabbi was allegedly punched near his San Diego synagogue, police said.

The boy was booked into Juvenile Hall on battery and hate crime charges, San Diego police Lt. Shawn Takeuchi said.

Rabbi Yonatan Halevy told the Union-Tribune that the assault occurred on Oct. 10 as he and his father were walking toward the synagogue. A teenager rode past them on his bike, Halevy said, then abruptly turned around and brought a clenched fist down on top of the rabbi’s head.

The force knocked the 31-year-old off his feet, he said.

The young assailant spewed slurs, said something about White power, then rode off laughing, Halevy told the Union-Tribune.

“I was shocked, stunned, and hurt, but was grateful that my father was unharmed,” he wrote on his synagogue website.

He said he and his University City congregation had been targeted by a group of teens, including the alleged assailant, for a few weeks before the attack. They had been heckled and a car window was broken, he said.

Because the suspect in the alleged assault is a minor, police did not release his name.

Earlier this week, the regional director of the Anti-Defamation League in San Diego said people should not shrug off the encounter as youth behaving badly.

“We don’t want to be dismissive and say it was just kids,” Tammy Gillies said. “We have to take hate and any hate incident very seriously.”

Gillies called the University City incident a “message crime.”

“It doesn’t just impact the target, but its a message to the whole community that says, ‘We don’t want you here,” she said. “That is the double impact of the hate crime.”

The rabbi said it took 42 minutes for police to arrive as he and his father hunkered down inside the synagogue after it happened.

They called 911. They had a description of the assailant. They had photos, too, because the teen had lingered outside, taunting them. But, the rabbi said, the responding officers told him there was not much they could do.

That changed Monday when Halevy called police brass in the Northern Division, where the alleged assault occurred. “It went from ‘They can’t do anything’ to ‘This is No. 1 priority,’” Halevy told the Union-Tribune.

On Friday, police acknowledged the fumbled initial response.

Capt. Matt Novak runs the Northern Division. Through a department spokesman, Novak said he “spoke to the rabbi personally, and acknowledged that the initial response could have been better.”

The captain also said that “going forward, we will be having discussions and possibly training with officers to help them better understand and better respond to incidents like these.”

Halevy said he was encouraged. “To the credit of the Police Department, they have owned up to their inadequate response,” he said.

The San Diego County district attorney’s office filed hate crime charges against 30 people in 2018 and 2019.

They include John Earnest, who is accused in an April 2019 shooting at a Poway synagogue that killed one and wounded three. He is also accused of starting fires outside an Escondido mosque.

So far this year, local law enforcement has submitted 39 potential hate-crime cases to county prosecutors. Charges were brought in 29 of the cases, although only 15 included hate crime allegations.

Figueroa writes for the San Diego Union-Tribune.

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Conor McGregor awaits ‘key physical tests’ amid sexual assault claim

UFC legend Conor McGregor is awaiting the review of evidence that could determine his fate in the midst of his most recent scandal.

French authorities are reviewing the results of “key physical tests” in the case against 32-year-old McGregor, who stands accused of sexual assault and indecent exposure while vacationing on an island in the south of France.

“Key physical tests were carried out on the suspect, but the results will not be known until after the weekend,” an investigating source said on Sunday via The Sun. “These tests are of a routine nature following incidents like this, but they take time, to make sure there is no doubt about them.”

The authorities are also reviewing video evidence obtained from fellow vacationers and security footage that may have captured the incident on tape.

“It is also possible that the incident being complained about was filmed. It took place in a very busy place, where fixed cameras are situated everywhere,” the source said. “Lots of holidaymakers would also have been filming and taking pictures on their phones, so they also need to be spoken to.”

McGregor was on a romantic vacation with fiancée, Dee Devlin, with whom he has two children, in Corsica when the alleged incident occurred. He was taken into police custody and questioned on Friday and was released a day later uncharged. The criminal case remains active.

Conor McGregor and fiancée Dee Devlin
Conor McGregor and fiancée Dee DevlinZuffa LLC via Getty Images

McGregor vehemently denies the accusations which his attorney characterized as, “abusive.” His manager, Audie Attar, implied the unnamed accuser may have pernicious motives and that his client is a victim.

“I am irate and putting out a warning loud and clear,” Attar said, “Conor McGregor is not and will not be a target for those seeking to score a headline or a payday.”

This is far from the first time the former MMA star has been embroiled in legal troubles. In 2019, he was sentenced to a court-ordered anger management course and community service in Brooklyn after pleading guilty to disorderly conduct for smashing a steel dolly into a bus outside of the Barclays Center. UFC lightweight Michael Chiesa was hospitalized as a result of the attack.

McGregor was arrested in Miami after smashing a fan’s cell phone outside of the Fontainebleu hotel in South Beach. He was also caught on tape punching an elderly man in an Irish pub in 2019.

UFC president Dana White addressed McGregor’s situation on Saturday following the UFC Vegas 10 event.

“I’m not defending Conor in any way shape or form, I don’t know enough about the situation to talk about it at all,” White told reporters. “But I do know I’ve gone out with him publicly before and it is bats–t nuts.

“Whether you’re retired or not retired you can get yourself into trouble.”

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Biden’s former rivals face questions about Tara Reade’s assault claim from the media before he does

As the mainstream media had finally began acknowledging the sexual assault allegation that was made against former Vice President Joe Biden, a bizarre development has his former 2020 rivals being asked about the controversy before the presumptive Democratic nominee is.

Since Tara Reade, a former staffer of the then senator, spoke out about the alleged 1993 assault in her March 25 interview with podcast host Katie Halper, Biden had made ten appearances on various news networks and did not face a single question about her claims.

However, Sens. Amy Klobuchar, D-Minn., and Bernie Sanders, I-Vt., who have both endorsed Biden, were asked to weigh in on the controversy during their televised interviews on Thursday.

Klobuchar, who is also on Biden’s shortlist of potential VP picks, suggested that Reade’s allegation was put to bed during her appearance on MSNBC, pointing to a report The New York Times ran on Easter Sunday.


“He has said, and I agree with this, ‘You’ve got to get to the bottom of every case and all allegations.’ I think The New York Times — I haven’t read all the stories. I read that one,” Klobuchar told “The Beat” anchor Ari Melber. “Your viewers should read that. It was very thorough. They interviewed people. And I have done a lot of work on this. I actually led the effort to change the rules in the U.S. Senate so that it is easier to bring these cases forward and so that we have taxpayers not paying for bad conduct.”

She continued, “I think this case has been investigated. I know the vice president as a major leader on domestic abuse, I worked with him on that. And I think that, again, the viewers should read the article. It was very thorough.”

Hours earlier, Biden appeared on MSNBC’s “Morning Joe” alongside his wife, Dr. Jill Biden, but was not asked about the allegation.

Sanders, who suspended his presidential campaign last week and officially endorsed Biden on Monday, was asked about remarks made by his progressive ally Rep. Alexandria Ocasio-Cortez, D-N.Y., who said on Tuesday that Reade’s allegation is “legitimate to talk about.”

“Do you agree?” Tony Dokoupil of “CBS This Morning” asked.

“I think it’s relevant and to talk about anything. And I think any woman who feels that she was assaulted has every right in the world to stand up and make her claims,” Sanders responded. “I think that she has the right to make her claims and get a public hearing and the public will make their own conclusions about it. I just don’t know enough about it to comment further.”


Katie Halper, the progressive podcast host who interviewed Reade last month, slammed the media, saying it has given Sanders a “harder time than Biden” on Biden’s own sexual assault allegation.

While Klobuchar and Sanders were asked about Reade’s allegation, Biden skated through 10 different interviews, including with CNN anchors Anderson Cooper and Brooke Baldwin, MSNBC anchors Nicolle Wallace and Brian Williams, ABC News’ George Stephanopoulos, and NBC News’ Chuck Todd.

“If the liberal media think they can put to rest the calls for coverage of Tara Reade’s allegations by asking major Democratic Party figures other than Biden, they’re severely mistaken,” NewsBusters managing editor Curtis Houck told Fox News. “The person at the center of this story has yet to be asked in broadcast and cable network interviews. And for that, the liberal media will continue to beclown itself in failing to educate voters about the 2020 campaign and instead bolster the notion that they are willingly putting their thumb on the scales for Biden.”


Progressive journalist Walker Bragman said it is “immensely revealing” that Biden has done so many interviews since Reade came forward and faced “a total of zero questions on the subject.”

“Back in January, a private dinner conversation between Senators Bernie Sanders and Elizabeth Warren sparked a week-long news cycle. Reade’s allegation was ignored for weeks,” Bragman told Fox News, referring to the sexism-charged feud between the two candidates earlier this year. “When it was covered, it was downplayed with the New York Times stealth editing its report to remove references to the other accusation of impropriety Biden has faced from multiple other women.”


For nearly three weeks, there was a complete media blackout of Reade’s claim. The tides began to shift following Rich McHugh’s report in Business Insider last Friday that Reade had filed a criminal complaint against Biden.

The New York Times ran its first report on the morning of Easter Sunday while The Washington Post and NBC News published theirs hours later.

ABC News republished a report from the Associated Press but has yet to mention it on-air. CBS News reported the allegation on its website on Tuesday and on-air during Thursday’s “CBS This Morning.”

CNN is the only major news outlet to have completely avoided Reade’s claims.

Reade’s story first resurfaced in an article in The Intercept. Podcast host Katie Halper then interviewed Reade, who said that in 1993, a more senior member of Biden’s staff asked her to bring the then-senator his gym bag near the Capitol building, which led to the encounter in question.

“He greeted me, he remembered my name, and then we were alone. It was the strangest thing,” Reade told Halper. “There was no like, exchange really. He just had me up against the wall.”

Reade said she tried to share her story last year, but nobody listened to her. This past Thursday, she filed a criminal complaint against Biden with police in Washington, D.C.


The Biden campaign vehemently denied Reade’s allegation.

“Women have a right to tell their story, and reporters have an obligation to rigorously vet those claims. We encourage them to do so, because these accusations are false,” Kate Bedingfield, the deputy campaign manager and communications director for the Biden campaign, said in a statement to Fox News.

Fox News’ Sam Dorman, Tyler Olson, and Brooke Singman contributed to this report. 

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Woman (30s) in critical condition following assault in Wicklow

A woman in her 30s is in a critical condition following a serious assault in a residence in Arklow, Co Wicklow on Saturday morning.

The woman was brought to St Vincent’s Hospital in Dublin with serious injuries following the incident at about 4.25am.

Gardaí are following a definite line of enquiry in connection with the assault and while no arrests have been made, investigations are ongoing.

Gardaí in Wicklow are appealing for any witnesses or anyone who may have information in relation to this incident to come forward.

They are also appealing to any road users who may have camera footage who were travelling in the Arklow area between 4am and 5am to contact them on Wicklow Garda station on 0404 60140, the Garda Confidential Line on 1800 666 111 or any Garda station.

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Uber sexual assault report prompts concerns over ridesharing in B.C. But are taxis any safer?

In the wake of damning data from Uber that found more than 3,000 sexual assaults were reported inside U.S. rides last year, B.C. is asking how safe ridesharing will be when it eventually arrives on the province’s roads.

But a lack of similar data regarding sexual assaults in taxis across B.C. makes it difficult to draw comparisons.

In its safety report, Uber said 464 people were raped while using its U.S. services in 2017 and 2018. Almost all of them — 99.4 per cent — were riders. It’s difficult to compare those statistics to other modes of transportation because U.S. taxi companies and transit agencies generally do not collect similar national data.

Uber reports more than 3,000 sexual assaults during U.S. rides in 2018

That appears to be the case in B.C. as well. The RCMP and other police agencies said they didn’t have that data on hand, adding it’s “not something that can be easily teased out.”

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Although Vancouver police said they have received “a number of complaints” over the last two years, a spokesperson said it’s “not an epidemic by any means”, considering the number of rides that take place.

The Passenger Transportation Board, which is tasked with dealing with driver complaints, also said it doesn’t track those specific incidents.

Fraser Valley temple president charged with sexual assault

Fraser Valley temple president charged with sexual assault

Minister of Transportation Claire Trevena said the province demands “the highest level” of criminal background checks for taxi drivers, and is assuring the province the same standard will be set for ridesharing drivers.

“We have a very strict policy with taxis where we do follow up if there are assaults,” she said. “We obviously want people to be safe however they’re travelling, whatever form of transportation they’re using.

“There are, sadly, always going to be incidents and I think this is extremely concerning that there are. We do everything we can to make sure that those people who are driving a vehicle to earn an income are assessed, are checked … to ensure people who are driving are as safe as we can attest.”

Uber weighs next steps after report showed more than 3,000 sex assaults during U.S. rides in 2018

In its report, Uber noted that drivers and riders were both attacked and that some assaults occurred between riders. It added its data was based solely on reports from riders and drivers — meaning the actual numbers could be much higher. Sexual assaults commonly go unreported.

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In B.C., at least two taxi drivers have been charged with sexually assaulting a passenger while on the job this year, including a July case in Kelowna and another in North Vancouver this past March.

Angela Marie MacDougall, executive director of Battered Women’s Support Services in Vancouver, said sexual violence is bound to happen when vulnerable people, particularly women, find themselves in a confined space.

Uber safety report reveals nearly 6K cases of alleged sexual assault

Uber safety report reveals nearly 6K cases of alleged sexual assault

“We know that many women are experiencing sexual violence in taxi cabs, including women that are vulnerable such as Indigenous women, women with disabilities,” she said. “It is a big concern.”

MacDougall also took issue with Uber noting the number of sexual assaults in 2018 pales in comparison to the 1.3 billion rides across the U.S. that year. In her view, just one case is too many.

“We shouldn’t be in a situation where a woman needs a ride to work or home from work, or from a night out, and is at risk of sexual violence,” she said.

“We expect ridesharing companies will take this very seriously and will take action and to prevent it.”

North Shore Taxi driver charged for allegedly sexually assaulting passenger in cab in West Vancouver

No one from the Vancouver Taxi Association or the city’s taxi companies responded to requests for comment.

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In the past, the association has taken issue with ridesharing drivers not being required to mount cameras inside their vehicles like taxis do. MacDougall said that’s also not the point.

“It maybe provides some deterrent, maybe some evidence, but we also know that cameras can be disabled,” she said.

“The point is, rather, that the company is taking very careful action in their recruitment and monitoring of those in the ridesharing program, and that they take swift and serious action any time there is an allegation or evidence of sexual violence.”

Lyft said last year it would also release a safety report. A company spokeswoman confirmed Thursday that it “remained committed” to releasing a report, but did not say when.

—With files from the Associated Press

© 2019 Global News, a division of Corus Entertainment Inc.

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Jurors convict both men of gang sexual assault in College Street Bar case

Two men are guilty of sexually assaulting and drugging a 24-year-old woman over several hours at the College Street Bar in downtown Toronto three years ago, a jury found Saturday after deliberating for four days.

The jurors could not agree on whether bar owner Gavin MacMillan, 44, and bar manager Enzo DeJesus Carrasco, 34, forcibly confined the woman at the bar on the night of Dec. 14, 2016 and whether DeJesus Carrasco raped her at his apartment the next morning. They acquitted DeJesus Carrasco on a charge of sexual assault where he was accused of repeatedly penetrating the complainant with his fingers when they were alone at the bar without her consent.

After the jury announced their verdict, both men appeared stunned. MacMillan later wiped away tears.

Crown Rick Nathanson said they are very happy with the result and that the complainant is relieved. “(We are) grateful first to the complainant, I think this is an apt case for the term survivor, who showed tremendous strength and courage through all of this. She seemed more motivated, frankly, out of concern for the community than for herself.”

He also thanked the jury for their hard work in a case that involved “difficult and troubling evidence” and requested that the court ensure they were aware of counselling supports available to jurors.

Since the complainant said she could remember little about what happened on the night of Dec. 14, 2016, the central evidence in the case was several hours of graphic video obtained from the College Street Bar’s security cameras. The video, however, does not have audio, and what can be seen on it was described in dramatically different ways by the Crown and defence.

The defence said the video shows the two men sexually dominating the complainant at her explicit request. They said she then faked her memory loss and lied about being sexually assaulted because she didn’t want her boyfriend to see her bruises and find out she cheated.

The Crown argued the video shows a woman being given alcohol and cocaine until she was disoriented and hovering in and out of consciousness, then being overpowered by the two men and forced to perform painful and humiliating sexual acts over several hours.

After the jury verdict, Nathanson sought to have bail for both men revoked. MacMillan was permitted to remain on bail, but under a strict house arrest. DeJesus Carrasco was handcuffed and taken into custody with a bail hearing set next month. He faces two future trials on three counts of sexual assault involving three women.

His lawyer Uma Kancharla said, after the verdicts, that her client maintains his innocence in all the charges and they are considering grounds for appeal.

MacMillan’s lawyer Sean Robichaud declined to comment. MacMillan walked out of the courthouse by the waiting television cameras but did not respond to questions.

A sentencing hearing has been set for the end of January. The Crown has said they will be seeking “significant penitentiary sentences.” The maximum possible sentence for gang sexual assault is 14 years, with the Crown likely to seek a sentence of between four to eight years, said defence lawyer Daniel Brown, who has written a book about sexual assault law and was not involved in the case.

The charges the jury could not reach a verdict on were stayed by the Crown.

During deliberations the jury asked questions about the law around consent and forcible confinement. A jury does not give reasons for its verdicts and jurors’ deliberations are kept secret by law, making it impossible to know what evidence or reasoning they relied on to come to their decision.

The trial is one of several in recent years that show the challenges posed when a complainant may be too intoxicated to consent but has little memory of what happened. Such cases often rely on the testimony of other witnesses or video.

In this case, the jury watched video footage from the time the complainant entered the bar at 7:30 p.m. on Dec. 14 — a Wednesday — until she left just before 6 a.m. the next morning with DeJesus Carrasco.

The complainant testified she has a hazy memory of the night, and could only recall bits and pieces of what happened. She said she did remember being forced to perform oral sex on MacMillan, being penetrated by both men and wanting desperately to leave but her body not co-operating.

The defence argued she was faking her memory loss to avoid answering difficult questions.

Both MacMillan and DeJesus Carrasco testified in their defence and said the sexual activity was entirely consensual and they had no concerns about her being too intoxicated to consent.

Dambrot instructed jurors that they could find the men guilty of gang sexual assault if they found the complainant was not consenting, too intoxicated to consent or unconscious at any moment during the several hours of sexual activity that night. The jurors did not have to agree on the same moment or reasons, as long as they all found one that satisfied them beyond a reasonable doubt.

The complainant would not have capacity to consent, Dambrot said, if she was intoxicated enough not to know the sexual nature of the act, the identity of her partner or partners or that she had the right to say no.

“Mere proof of intoxication does not in and of itself negate capacity to consent,” he said.

If the jury found the complainant was unconscious at any point, she would automatically lack capacity to consent. Both accused have said she never lost consciousness.

The jury was also told to consider whether the accused could have an honest belief that the complainant was consenting and whether they took reasonable steps to determine she was consenting. Dambrot noted a reasonable person would take more care in ascertaining consent before invasive and dangerous sexual activity with a stranger.

The complainant had been shown brief clips of the video by the Crown prior to the trial, so that she would not have to see them in court for the first time, prosecutor Rick Nathanson said in court. He said it was extremely difficult to decide how much of it was necessary to show her, given that she cannot remember much of it and she found it extremely upsetting to watch.

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When she saw a clip of her staggering through the bar and crashing into tables at around 11:45 p.m. she said it was clear why her memory was so impaired.

“That right there itself — how would I remember that?” she said, testifying via video from another room in the courthouse.

“Obviously I wouldn’t remember that,” she said. “It looks really messed up.”

The sexual activity began about twenty minutes later.

The jury heard that the woman went to the College Street Bar that night to meet a friend who was doing a bartending course through MacMillan’s Bartender One training school. DeJesus Carrasco said she was flirtatious and making lewd comments, though the exact comments he alleged she made were ruled inadmissible.

The video shows her being served two cocktails and five whiskey shots, though it was disputed how much she consumed and how big the shots were.

She had three of the shots with the two men in the span of ten minutes around 10 p.m.

When the complainant and DeJesus Carrasco were in the bar alone around 10:20 p.m., the Crown alleged he sexually assaulted her by repeatedly penetrating her with his fingers without her consent or while she was incapacitated.

The jury acquitted DeJesus Carrasco of this count of sexual assault.

At around 10:55 p.m. the two left the bar together for about half an hour. DeJesus Carrasco said they got food and then he left the complainant alone with the College Street Bar unlocked while he got a drink at another bar.

When he returned to the College Street Bar several minutes later to meet a cocaine dealer he saw her swaying on the sidewalk outside.

He asked what happened and said she told him in a normal voice: “I’m fine but sometimes the pills screw up my head.” He didn’t ask her what the pills were and it is unknown what the pills are.

They went into the bar at about 11:30 p.m. and the security video shows the complainant staggering into the bar, lurching into a table and sinking into a chair. She remained in the chair barely moving with her head slumped forward for ten minutes. DeJesus Carrasco said she never lost consciousness and continued to ask for cocaine.

He said a text message he sent to the drug dealer shortly before entering the bar that he “had a girl pass out” wasn’t literal, nor was a text to MacMillan that the complainant was “dead dead dead.”

DeJesus Carrasco pulled the complainant over to the bar when the cocaine was ready, slapped her face repeatedly and positioned her head over the cocaine. After this she got up and staggered out of the bar, crashing into tables on her way out. She came back in two minutes later, still walking very unsteadily. MacMillan came back to the bar and the complainant is seen having three lines of cocaine in 13 minutes.

The sexual activity began minutes later at about 12:10 a.m. and continued until shortly before 6 a.m.

The defence argued that the complainant’s inability to walk was only temporary and that she appeared to improve rapidly, showing that her state was not caused by alcohol. They said she was being held up and supported by MacMillan because she wanted to be submissive and controlled, not because she was too intoxicated to stand or hold herself upright on her own.

The video shows the complainant and DeJesus Carrasco leaving the bar shortly before 6 a.m. They both got in a taxi, which she said she thought was taking her home, but which actually took them to his basement apartment. She said he raped her in his bedroom, though her memory of that time is hazy and she had no memory of anyone being in the apartment. DeJesus Carrasco said there were two other people in the apartment at the time and that she was the one who wanted to have intercourse.

The jury was unable to come to a verdict on this charge, which has now been stayed.

The complainant called 911 to report being sexually assaulted later that day. She testified that there has been lasting damage to her knees and jaw from what happened to her.

Alyshah Hasham

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MANDEL: Sex assault acquittal overturned after judge use ‘discredited rape myths’

She didn’t dress the way he’d expect. She didn’t react the way he’d expect.

She simply didn’t behave the way an Ontario judge expected a sexual assault victim to behave.

After all these years, some on the bench are still trapped in biases of the past. And so Ontario Court Justice Peter J. Wright acquitted the man on trial, finding Richard Lacombe hadn’t twice assaulted his neighbour who lived in an assisted care residence for persons with disabilities.

Among the many factors he found significant?

“She dressed in a loose fitting pyjama top with no bra and underwear, engaging with a man that she really did not know well at all, including significant French kissing.”

The Ontario Court of Appeal has overturned that 2017 acquittal and ordered a new trial, finding the trial judge’s analysis was tainted by “long-discredited myths and stereotypes about sexual assault complainants.”

According to the woman, her neighbour knocked on her door and invited her out for a cigarette on the fire escape. As they chatted, she claimed he began touching and pinching her breasts. She asked him to stop but he just laughed, she said, and put his hand down her pants and rubbed her hard.

When he French kissed her, she kissed him back because, she said, he wasn’t listening to her and she feared he would hit her.

When she went back to her room, she saw that he’d caused her to bleed. She was too terrified to tell anyone.

The following evening, the second alleged assault took place under virtually the same circumstances. She agreed to meet him for a smoke because she was afraid of his reaction if she turned him down, she explained. She became more frightened when the man allegedly got angry when she refused to masturbate him.

This time, though, she complained to her boyfriend and a girlfriend. She listened to their advice and called police.

Lacombe’s story was far different. He said she was the one who came to his room, flashed her breasts and asked him to touch her. But besides that brief consensual touching and a further “peck on the lips” the following night, he insisted nothing else happened between them.

The trial judge listed 11 factors that made him question the woman’s credibility, including the way she was dressed, her failure to leave the situation at once or to immediately report what happened.

He then invoked “common sense and life experiences” to conclude that he should reject her version of events.

The Crown appealed and a Superior Court judge upheld Lacombe’s acquittal.

The Crown appealed again and this time, Ontario’s highest court agreed a retrial was necessary because the judge was working from an outdated lens of “rape myths.”

“Dress does not signify consent, nor does it justify assaultive behaviour,” wrote Justice Sarah E. Pepall on behalf of the three-judge panel. “As such, it had no place in the trial judge’s assessment of the complainant’s credibility and reliability.”

Nor should he have placed any weight on her not immediately telling friends or police.

“The myth that a sexual assault complainant is less credible if she does not immediately complain is one of the more notorious examples of the speculation that in the past has passed for truth in this difficult area of human behaviour and the law,” Pepall wrote, quoting a decision already a decade old.

The appeal court was also critical of the trial judge for questioning why the complainant would have kissed Lacombe and not left.

“There is no rule as to how victims of sexual assault are apt to behave,” Pepall wrote in a stern rebuke. “He was comparing her conduct to conduct he expected of a sexual assault complainant without giving any consideration to her evidence of fear.”

Or as another judge once wisely stated: “These cases should never be decided on how abuse victims are expected to react by people who have never suffered abuse.”

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