No matter what her sexual life is now or in the past. She is 15 and not an adult. He is an adult and should not be having sex with an under age person. He should know better
I have just called the bar and advised that I intend to file a complaint against the lawyer. It is BS like this that brings the reputations of the law & lawyers into disrepute. A lawyer has a duty represent a client to the best of their ability within the bounds of the law but that does not include acting unethically or following the directions of a client to act in an unethical manner or to attempt to coerce, harass or intimidate a victim.
They also have an obligation as an Officers of the Court not to take actions that will bring the law or or the legal profession into disrepute.
This as an attempt to intimidate & harass the victim -- this motion is bound to fail and serves no purpose other than intimidation of a child.
Defence counsel has done nothing wrong. Section 276 applications occur from time to time in sexual-assault cases. The mechanism is provided for in the Criminal Code of Canada. Your disapproval of such legal tactics doesn't rise to the point of misconduct on the part of the defence lawyer.
There is NO instance of any kind that changes the 15 year old child's capacity to consent to any sexual activity with an adult. Regardless of any other activities of the child with others or statements made it not made by the child.
Any attempt to bring any of that type of thing in as evidence changes nothing to do with the actions of the accused.
It's sole purpose is to re-victimize the victim who was a child.
Your disagreement with my point doesn't alter the fact that you're dead wrong about the defence lawyer engaging in misconduct. That the tactic is arguably distasteful is a separate point from your ludicrous suggestion the law society ought to intervene and discipline him.
If defence counsel didn't do his utmost to represent his client at trial, THAT would amount to misconduct. His application is legal and allowable. It remains to be seen if the judge will grant it.
He is gross. She was 15 how her sexual acts mean anything is ridiculous. Also she could not consent to anything. He is pulling at strings to desperately stay out of jail.
Regardless of this girl's history, it doesn't give a 41 year old the right to force himself upon her
No matter what her sexual life is now or in the past. She is 15 and not an adult. He is an adult and should not be having sex with an under age person. He should know better
I have just called the bar and advised that I intend to file a complaint against the lawyer. It is BS like this that brings the reputations of the law & lawyers into disrepute. A lawyer has a duty represent a client to the best of their ability within the bounds of the law but that does not include acting unethically or following the directions of a client to act in an unethical manner or to attempt to coerce, harass or intimidate a victim.
They also have an obligation as an Officers of the Court not to take actions that will bring the law or or the legal profession into disrepute.
This as an attempt to intimidate & harass the victim -- this motion is bound to fail and serves no purpose other than intimidation of a child.
This is disgusting.
Absolutely agree it is disgusting
Defence counsel has done nothing wrong. Section 276 applications occur from time to time in sexual-assault cases. The mechanism is provided for in the Criminal Code of Canada. Your disapproval of such legal tactics doesn't rise to the point of misconduct on the part of the defence lawyer.
I disagree.
The victim is a child 15.
The accused is an adult male --41.
There is NO instance of any kind that changes the 15 year old child's capacity to consent to any sexual activity with an adult. Regardless of any other activities of the child with others or statements made it not made by the child.
Any attempt to bring any of that type of thing in as evidence changes nothing to do with the actions of the accused.
It's sole purpose is to re-victimize the victim who was a child.
Your disagreement with my point doesn't alter the fact that you're dead wrong about the defence lawyer engaging in misconduct. That the tactic is arguably distasteful is a separate point from your ludicrous suggestion the law society ought to intervene and discipline him.
If defence counsel didn't do his utmost to represent his client at trial, THAT would amount to misconduct. His application is legal and allowable. It remains to be seen if the judge will grant it.
He is gross. She was 15 how her sexual acts mean anything is ridiculous. Also she could not consent to anything. He is pulling at strings to desperately stay out of jail.