Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 30, 1997, Winnipeg, Manitoba Winnipeg free june a7 sexually abused child often ends up Scapegoat courts fix on protecting offenders9 civil liberties study Andrews Man Dies in truck crash by Ruth Teichroeb social affairs reporter the Manitoba court of Appeal decided to reduce a child sex offenders jail time after accepting his lawyers argument the mans fragile emotional state would make it hard for him to Cope with there was no mention of the Vic Tims emotional said Maureen a graduate social work Stu Dent at the University of Manitoba who discovered the Case during work on her her analysis of 45 Appeal court rulings Over a two year period found that the Impact of abuse on victims was rarely let alone cited As an aggravating one of the most striking things is the emphasis on the not the said whose thesis has not yet been there is an extreme emphasis on the Protection of civil liberties rather than a search for the truth of what its mostly women and children who Are paying the the which All originated in the family violence court and involved such things As child sexual abuse and physical assault As Well As adult rape and physical were heard by the court of Appeal Between 1990 and the court frequently cited traditional mitigating factors such As the offenders Good solid employment Lack of a Crimi Nal or remorse indicated by a guilty Given that the typical sex offender often appears to be a so called nor Mal such factors should not necessarily Lead to More lenient sen Jensen at the same the court rarely referred to the suffering inflicted on the victim Impact statements were almost never part of the the credibility of both child and adult victims was often especially in sexual assault if the offender had a plausible like he touched her but not in a sexual or didst do it at the court tended to go with Jensen while the Law no longer requires corroboration of a rape victims the court still had a pre occupation with victim accountability which is reflected in the number of the study court blames 7yearold girl for fellatio Case the most disturbing example of what Jensen called victim blaming was the Case of an offender who appealed his nine month jail sen tence for committing fellatio on a seven Earold the offender showed no remorse and denied any need for the court reduced his sentence to three to be served intermit and blamed the child for the the evidence indicates that the victim in this Case was the Initiator of the sexual said the majority representing Justice Richard Scott and Madame Justice Bonnie there was no Evi Dence that the accused encouraged or invited her Justice Joseph Osullivan Dis saying he would have granted a two year suspended sentence since the accused had no related record and want inclined to molest Jensen concludes that revising Laws Doest necessarily change judges la Reform efforts fail to address the individual attitudes and perceptions that drive thirty two of the rulings involved child sexual assault of the court overturned five put of 14 convictions and granted six of nine sentence appeals initiated by the the Crown won eight of the nine sentence appeals it of the six adult sexual assault the court overturned three out of the four convictions and dismissed one the Crown was granted one sentence four of the rulings involved child physical the Crown lost its Only sentence while the defence won two out of its three sen tence three sentence appeals related to adult physical assaults were launched by the All were Suc the court of Appeal has been under fire since last month when it referred to a 13yearold Babysitter As a willing participant in her employers sexual the court also granted the offenders request to serve his nine month sen tence in the Charlie director of Winnipeg child Protection said Hes not surprised by Jensens the court has repeatedly demonstrated a Lack of understanding of the Impact of abuse on he i think that their record is an Ferguson 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