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‘Rape mythology’ at issue as Supreme Court considers brutal Cindy Gladue case

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Warning: Graphic content follows.

In a Toronto courtroom exactly a year ago, a forensic pathologist on the witness stand at a first-degree murder trial showed a slide — projected on the screen and magnified — of the victim’s external genitalia. An excised scrap of flesh from the clitoris to the anus.

Rigat Ghirmay was reduced to her most intimate body parts. It was the most cruelly invasive, demeaning post-mortem evidence I’ve ever seen in decades of covering trials. And court had already been shown photographs of Ghirmay’s dismembered corpse: her buttocks, her bisected torso, her long leg bones.

I was apparently the only person present outraged by the display. It was utterly unnecessary, exposing Ghirmay’s private parts in open court. The pathologist could draw no conclusion as to whether the woman had been subjected to sexual trauma before or after death. There was no relevance to that specific piece of forensic evidence.

Ghirmay was a 24-year-old Black woman, a refugee from Eritrea.

Two years earlier, prosecutors in a murder trial in Edmonton made the unprecedented decision to bring the victim’s preserved vagina into court as an exhibit. Casting aside all existing courtroom ethics, the Crown insisted it was crucial for jurors to see the tissue with their own eyes because the trial hinged on whether an 11-centimetre wound, a slash through the vaginal wall — what caused the victim to bleed to death in a motel bathtub — had been made by a sharp weapon, as the prosecution argued, or by the accused shoving his fist into the woman’s vagina, as the defence maintained. Accidental.

In that case, long-distance trucker Bradley Barton claimed the wound had been inflicted during “consensual rough sex.” In a stunning verdict, Barton was acquitted of murder and manslaughter. That verdict was set aside by the Alberta Court of Appeal, which ordered a new trial. The case was further appealed to the Supreme Court of Canada and heard this past Thursday.

Read more:

Edmontonians closely watching landmark cases as a potential turning point for Indigenous peoples

Grisly court case heard at the Supreme Court could redefine sexual consent

An Aboriginal and a Black woman. I highly doubt that any prosecutor in Canada would ever dare take such exhibitionist liberties with the intimate remains of a white woman. To my knowledge, it’s never been done. Nor has a male murder victim’s penis or testicles been trotted into court, even in cases of dismemberment. But of course rape is almost entirely a gender-specific crime. A woman’s vagina is the crime scene.

The theme of an inherently racist justice system — particularly the original trial judge’s charge to a jury of nine men and two women, none of them Indigenous — was a common denominator in submissions to the Supreme Court justices by 16 intervenor groups. How Gladue was presented at trial, a victim who could not speak for herself, was a “horrific example of a system designed to dehumanize and punish Indigenous woman,” as asserted in a statement from Institute for the Advancement of Aboriginal Women and the Women’s Legal Education and Action Fund.

I take no issue with that view. At trial, Gladue was referred to 26 times as a “native,” by both Crown and defence, rather than by her name. But, while the victim’s Indigenous status was certainly relevant to the life she led as an impoverished mother turning $60 tricks, I wouldn’t put the emphasis there. The trial perpetuated rape myths — “twin myths” — about a victim’s sexual background: that the woman was more likely to have consented to rough sex because of her sexual history and that she was less believable because of that sexual history. A sexual history that skewed to the defendant’s version of events because Gladue could not speak for herself.

During trial, Gladue was referred to as a prostitute 25 times.

The Alberta Court of Appeal took pointed note that the trial judge had erred in his jury instructions by allowing evidence of Gladue’s sexual history, which flung open to door to racist and sexist stereotypes.

“This case has revealed the inescapable need in sexual offenses to properly warn jurors to disregard unfair assumptions and to ensure that jury instructions adequately and accurately reflect the current law in Canada,” wrote Chief Justice Catherine Fraser in the unanimous decision. “The courts cannot permit this to go on. We must correct this. And we will.”

Yet it is allowed, time after time in Canadian courtrooms, despite the “rape shield” amendment passed by Parliament in 1992, which — except in the narrowest circumstances — bars a complainant’s sexual history from being aired at trial. On countless occasions I’ve watched judges issue not a peep of objection when defence lawyers drag a complainant’s reputation through the mud. The women are battered and browbeaten on the stand, made to account for ever alcoholic drink they might have imbibed, every gesture they may have made, every teensy gap in their memories. On such minutiae do verdicts turn. Well, that and the one-size-fits-all of “reasonable if mistaken consent.”

At the Gladue trial, her sexual history was put before the jury without the judge first conducting a hearing for its admissibility without the jury present. Jurors were left with Barton’s account of rough sex with Gladue on their first night together, to which she’d allegedly consented, and his belief that Gladue was agreeable to similar, albeit even rougher sex, the next night.

The Alberta appeals judges questioned a woman’s likelihood to consent to force and violence and whether consent can ever be assured or argued as a defence when the acts are dangerous and harmful. As, indeed, the court noted by referring to case law from Ontario where a person died during a consensual fist fight. In that case, it was determined consent could not be given where harm was intended and caused. But the case law has not been applied to sexual assault.

Activists for women and Indigenous people are hoping the Supreme Court will set a new precedent for consent laws in Canada, including whether an “objective likelihood of harm” cancels out sexual consent. That’s unexplored territory.

The country’s top court could order a new trial under updated definitions of consent. Or, the justices could base a decision for a new trial on five other alleged errors in law by the trial judge while directing Parliament to rewrite the consent legislation. Every provincial attorney-general is watching.

During Thursday’s arguments, Justice Andromache Karakatsanis suggested past sexual activity should not be a factor.

“The fact that someone is a prostitute, and may have engaged in sexual activity in a commercially based transaction on a previous occasion, how is that possibly relevant to the issues this jury had to decide?” she asked.

Justice Michael Moldaver observed that limits on sexual history, intended to avoid potential prejudice, had been “skipped over” at trial.

“It would be a mistake of law to say (Gladue) consented the night before, therefore I can assume she’s going to consent tonight. That is classic error of law. That is rape mythology.”

The Supremes reserved decision. A decision is not expected for several months.

Rosie DiManno is a columnist based in Toronto covering sports and current affairs. Follow her on Twitter: @rdimanno

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Anglais

Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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