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Robin Camp, Canadian Judge Who Cited Rape Victim’s Conduct, Resigns Robin Camp, Canadian Judge, Resigns Over Handling of Rape Trial
(about 2 hours later)
OTTAWA — A judge who became known throughout Canada for asking a complainant why she could not just keep her “knees together” during a sexual assault has resigned from the country’s Federal Court. It was the latest in a series of episodes that have prompted questions about the handling of sexual assault cases in Canada. OTTAWA — A judge who became known throughout Canada for asking a complainant why she could not just keep her “knees together” during a sexual assault has resigned from Federal Court. It was the latest in a series of episodes that have prompted questions about the handling of sexual assault cases in Canada.
The resignation of the judge, Justice Robin Camp, on Thursday was a rare event in Canada’s judicial system and followed the release of an unusually strongly worded report from the Canadian Judicial Council recommending his firing. The resignation of the judge, Justice Robin Camp, on Thursday was a rare event in Canada’s judicial system and followed the release of a scathing report from the Canadian Judicial Council recommending his firing.
“The judge’s misconduct was manifestly serious and reflected a sustained pattern of beliefs of a particularly deplorable kind,” the council wrote in its report.“The judge’s misconduct was manifestly serious and reflected a sustained pattern of beliefs of a particularly deplorable kind,” the council wrote in its report.
The release of that finding and Justice Camp’s resignation followed an announcement by prosecutors on Tuesday that they would appeal the acquittal of a former taxi driver in Halifax, Nova Scotia, in another sexual assault case. The provincial court judge in that case concluded that the complainant — who was found drunk, semi-naked and unconscious by the police in the back of a cab — had consented to sexual activity with the driver. The release of that finding and Justice Camp’s resignation followed an announcement by prosecutors on Tuesday that they would appeal the acquittal of a former taxi driver in Halifax, Nova Scotia, in another sexual assault case. The provincial court judge in that case concluded that the complainant — who was found drunk, semi-naked and unconscious by the police in the back of a cab — had consented to sexual activity with the driver. “Clearly, a drunk can consent,” Judge Gregory Lenehan had ruled.
“Clearly, a drunk can consent,” Judge Gregory Lenehan had ruled. A day later, prosecutors in St. John’s, Newfoundland, said they would appeal the acquittal of a police officer who was charged sexually assaulting an intoxicated women who had asked for a ride home in his police cruiser.
A day later, prosecutors in St. John’s, Newfoundland, said that they would appeal the acquittal of a police officer who was charged with having sexually assaulted an intoxicated women who had asked for a ride home in his police cruiser. Next week, an Ontario court will review the conviction in a high-profile sexual assault case in which the judge wrote that the “myths of rape should be dispelled once and for all. We cannot perpetuate the belief that niceness cannot coexist with violence, evil or deviance, and consequently the nice guy must not be guilty of the alleged offense.”
In a separate case, an Ontario court next week will review the conviction in a high-profile sexual assault case in which the judge wrote in his decision that the “myths of rape should be dispelled once and for all. We cannot perpetuate the belief that niceness cannot coexist with violence, evil or deviance, and consequently the nice guy must not be guilty of the alleged offense.”
The judge, Marvin Zuker of the Ontario Superior Court of Justice in Toronto, also took the unusual step of ordering the assailant, Mustafa Ururyar, who was sentenced to 18 months in prison, to pay Mandi Gray, the victim, 8,000 Canadian dollars to cover her lawyers’ fees. That will be challenged in the appeal.The judge, Marvin Zuker of the Ontario Superior Court of Justice in Toronto, also took the unusual step of ordering the assailant, Mustafa Ururyar, who was sentenced to 18 months in prison, to pay Mandi Gray, the victim, 8,000 Canadian dollars to cover her lawyers’ fees. That will be challenged in the appeal.
Elizabeth Sheehy, a law professor at the University of Ottawa, said the highly publicized sexual assault trial of a former radio host and musician had led to increased public awareness of how courts handle such cases in Canada. (The former broadcaster, Jian Ghomeshi, was acquitted last year.) Elizabeth Sheehy, a law professor at the University of Ottawa, said the highly publicized sexual assault trial of a former radio host and musician had led to increased public awareness of how courts handle such cases in Canada. (The defendant, Jian Ghomeshi, was acquitted last year.)
“What we’re seeing is more and more interest in the country and a justice system that is beginning to respond,” Professor Sheehy said.“What we’re seeing is more and more interest in the country and a justice system that is beginning to respond,” Professor Sheehy said.
Justice Camp’s career was ended by his behavior while hearing a rape case as a judge with the Alberta Provincial Court in 2014. The council found that he repeatedly referred to the complainant, 19, as “the accused” while frequently suggesting that she had not been vigorous or creative enough in her attempts to stop the assault. Justice Camp also, the council’s report concluded, expressed his personal disagreement with federal laws concerning sexual assault and the treatment of vulnerable witnesses. Justice Camp’s career was ended by his behavior while hearing a rape case as a judge with the Alberta Provincial Court in 2014. The council found that he repeatedly referred to the complainant, 19, as “the accused” and frequently suggested that she had not been vigorous or creative enough in trying to stop the assault. The judge also, the council concluded, expressed his personal disagreement with federal laws on sexual assault and the treatment of vulnerable witnesses.
Justice Camp told the complainant during the trial that “some sex and pain sometimes go together,” adding “that’s not necessarily a bad thing.” Justice Camp told the complainant that “sex and pain sometimes go together,” adding “that’s not necessarily a bad thing.” (The defendant was acquitted in both that trial and a second one with a different judge that was ordered because of Justice Camp’s conduct.)
In arguing to keep his job, Justice Camp said that his remarks were the product of ignorance, not bias, and that he had since undergone training. His resignation from the Federal Court, which does not hear criminal cases including sexual assaults, took effect on Friday. Arguing to keep his job, the judge attributed his remarks to ignorance, not bias, and said he had since undergone training. His resignation from Federal Court, which does not hear criminal cases, took effect on Friday.
The appeals involving the cabdriver and the police officer, Professor Sheehy said, will again draw attention to the lack of a clear definition in Canadian law about consent when it comes to sexual activity. Both cases prompted protests.