Women's groups involvement in Halifax sex assault appeal could set precedent
'Judges have some trouble determining where the line is between intoxication and incapacity'
When the case of former taxi driver Bassam Al-Rawi goes before Nova Scotia's highest court in November, two women's advocacy organizations will be present, hoping to set a new precedent in Canadian sexual assault law.
The Avalon Sexual Assault Centre and LEAF, the Women's Legal Education and Action Fund, have both been granted intervenor status in the Crown's appeal.
Al-Rawi was acquitted in March on charges he sexually assaulted an intoxicated female passenger.
In that decision, Judge Gregory Lenehan found the Crown had not offered any evidence the woman had not consented. She was found unconscious by a police officer in the back of Al-Rawi's vehicle.
Acquittal sparked a national outcry
Jackie Stevens, the executive director of Avalon, said she wanted to make sure issues such as intoxication and consent were discussed in court by people with a deep understanding of sexual assault law.
"It's just to be able to really get at some of these issues and looking at them from a perspective of how people who are victimized experience that," she said.
Al-Rawi's acquittal sparked a national outcry and discussion on whether, as Lenehan said in his ruling, "a drunk can consent" to sexual activity.
Stevens said Avalon is unable to give this level of support to every sexual assault complainant, but she hopes this one case will make it easier for women who have been assaulted to come forward to report.
"By getting involved in these kinds of initiatives it's to make that change that hopefully is going to make things better for anyone who goes through the legal process, so that this isn't continuing to happen to individuals," she said.
"Hopefully, this will create a precedent and will lead to some change."
Setting a legal standard
Kim Stanton, the legal director of LEAF, said it is possible that this case could create a precedent that would be binding in Nova Scotia courts, and "persuasive" in other courts across the country.
"We believe that we'll be able to assist the court in an interpretation of the legal standard for capacity to consent to sexual contact," she said.
"We recognize it's a difficult area for courts, because the law very clearly says that an incapacitated complainant cannot consent, but the judges have some trouble determining where the line is between intoxication and incapacity."
The Nova Scotia Court of Appeal will hear the case Nov. 22.