Can’t force men to prove consent
Re Would a lawyer in 2017 advise a woman to report a rape?, Opinion, Sept. 13 Lawyer/activist Linda Silver Dranoff would have a court presume that a man who has sex with a woman is a sexual predator unless proven otherwise.
Dranoff was disappointed that Judge Marvin Zuker’s “enlightened conviction” of Mustafa Ururyar for sexual assault on Mandi Gray was overturned on appeal. That case illustrates just how difficult the issue of consent can get.
It would be great if our legal system could consistently convict men who commit sexual assault. But effectively forcing a man to always be ready to prove he had consent to sex is hardly realistic. Even an entirely frivolous claim could create a serious risk of a jail term. Mirek A. Waraksa, Toronto Linda Silver Dranoff cannot be considered a credible commentator on the subject of sexual assault in the courts.
Take the case of York University student Mustafa Uruyar. The legal community across Canada was shocked and very concerned about the actions of Judge Marvin Zuker during the trial and after the guilty verdict.
It was obvious to an informed observer that the judge was very biased in his acceptance of the plaintiff’s version of events and his complete rejection of evidence of the accused.
The Ontario Court of Appeal examined the case and rejected the verdict as incompetent and ordered a new trial.
This is a judgment that Linda Silver Dranoff describes as “enlightened.” By her own words, she had relegated herself to the irrelevant fringe of this issue. Robert Grainger, Ottawa