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Savaryn decided the victim appeared to be "complacent" because she didn't seem to be upset about the boy's advances or try to fend them off until the doorway incident, even though she said no twice at the locker and in the doorway.The trial judge found the girl "tried so hard to laugh it all off that I do not believe she was successful in communicating her discomfort …She testified that she thought if she had told her friend how upset she was, he would likely have tried to hurt her attacker.
Regrettably, that did not occur in this case." The CEO of the Edmonton YWCA said she has sympathy for the victim.
"She was assaulted and violated in a place where kids should feel safe: in her own school," Jackie Foord said.
An Alberta Court of Queen's Bench justice has overturned a teen's acquittal on a sexual assault charge and delivered a blistering rebuke of a lower court judge she said did not understand the law.
In a seven-page ruling, Justice Juliana Topolniski used a series of scorching short sentences to explain that the issue of consent is "not a difficult concept." "It is long beyond debate that, in Canada, no means no," Topolniski wrote. "The word 'no' does not mean 'yes.' The word 'no' coupled with fending off an attacker with a water bottle does not mean 'yes.' "There is nothing ambiguous about it." In April, provincial court judge Michael Savaryn found a 15-year-old boy not guilty of sexually assaulting a 15-year old girl.
Within a province where PCs have held 12 consecutive majority governments, MLAs voted almost unanimously in favour of the bill.