‘ Party girl’ stereotype played role in cabbie sex- assault case: prof

The stereotype of the “promiscuous party girl” may have factored into the acquittal of a Halifax cab driver accused of sexually assaulting a woman in his car, a review of the case suggests.

In a draft paper submitted to Canadian Bar Review, Dalhousie law professor Elaine Craig says Judge Gregory Lenehan deserved much of the widespread backlash he received following the acquittal of taxi driver Bassam Al- Rawi in March.

While falling short of judicial misconduct, Craig contends the Nova Scotia provincial judge erred in his assessment of the case, but also suggests that the Crown and defence lawyers may share responsibility for allowing “legally rejected” stereotypes to seep into the courtroom unchallenged.

Al- Rawi, 40, was charged after police found the woman, in her 20s, passed out and partially naked in his car in the early hours of May 23, 2015.

“It is difficult not to question whether Judge Lenehan’s speculation, implausible conclusions and legally incorrect reasoning were informed by the stereotype that unchaste women, or promiscuous party girls, will consent to sex with anyone,” Craig wrote. “How could such a pornographic, hypersexualized account of human female behaviour arise in a legal proceeding in 2017?”

Craig said Lenehan overlooked substantial circumstantial evidence suggesting that the woman did not consent to sexual activity with Al- Rawi.

During Al- Rawi’s trial in December and January, a police constable testified that she saw Al- Rawi shoving the woman’s urine- soaked pants and underwear between the front seats.

At the time of his arrest, Al-Rawi’s seat was partially reclined and the woman’s legs were resting on the back of the front bucket seats.