Miss-Delectable
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http://www.canada.com/windsorstar/news/story.html?id=6bdf563e-3538-4595-abcd-a4857409bef3
A man who is deaf was convicted Wednesday of sexual assault in the 2005 rape of a woman who is also deaf.
John Stewart, 42, will be sentenced Nov. 13. The Crown will ask for a prison term, said prosecutor Tom Meehan.
Superior Court Justice Gordon Thomson did not order Stewart remanded into custody despite his 75 convictions dating to 1983 for fraud, theft, assault and sexual assault. Defence lawyer Brian Dube argued Thomson should remain free because he's battling cancer and undergoing chemotherapy treatments.
The case was unusual because the accused and 30-year-old victim were both deaf and the court used six sign language translators during the six-day trial. The proceedings were also videotaped.
"Every person I've spoken to has said it's the most unique case," Meehan said. "We all had a lot of learning and studying to do."
On five occasions during the trial the translators objected to a sign language interpretation and then consulted with each other over the translation, Meehan said.
Thomson cited the victim's hearing impairment in his decision.
"I cannot substitute my historical knowledge of sexual assault cases to determine how a deaf person would react," Thomson said. Because of her disability, the victim couldn't yell or use the phone to attract help, he said. Thomson said he tried to understand how fear compelled her to co-operate with the assaults after her initial protests.
Despite determining the victim did not consent to sex, Thomson acquitted Stewart on a sexual assault charge stemming from an incident on Dec. 5, 2005.
Stewart entered the woman's apartment after he got a key from her roommate. The woman was asleep, naked in her bed and Stewart woke her up asking for sex.
The woman and Stewart were acquainted, but she did not consider him a friend.
While the woman never outright rejected Stewart, she told him having sex was wrong because he had a pregnant wife. Thomson acquitted the man because at one point during the assault the woman got up to find a condom.
"I'm troubled by her getting up and getting a condom," Thomson said. "In his mind, he could have thought that was consent."
Thomson said the second rape, on Dec. 8, 2005, was an entirely different scenario. The man went back to the apartment using the key. This time the woman was more direct in her refusals. She testified she told the man using American sign language 'No,' and that he was raping her.
"He clearly planned it knowing the roommate wouldn't be there," Thomson said. "I find the accused's evidence was concocted to show compliance. I find the complainant was fearful and the accused was willfully blind to the complainant's (wishes)."
A man who is deaf was convicted Wednesday of sexual assault in the 2005 rape of a woman who is also deaf.
John Stewart, 42, will be sentenced Nov. 13. The Crown will ask for a prison term, said prosecutor Tom Meehan.
Superior Court Justice Gordon Thomson did not order Stewart remanded into custody despite his 75 convictions dating to 1983 for fraud, theft, assault and sexual assault. Defence lawyer Brian Dube argued Thomson should remain free because he's battling cancer and undergoing chemotherapy treatments.
The case was unusual because the accused and 30-year-old victim were both deaf and the court used six sign language translators during the six-day trial. The proceedings were also videotaped.
"Every person I've spoken to has said it's the most unique case," Meehan said. "We all had a lot of learning and studying to do."
On five occasions during the trial the translators objected to a sign language interpretation and then consulted with each other over the translation, Meehan said.
Thomson cited the victim's hearing impairment in his decision.
"I cannot substitute my historical knowledge of sexual assault cases to determine how a deaf person would react," Thomson said. Because of her disability, the victim couldn't yell or use the phone to attract help, he said. Thomson said he tried to understand how fear compelled her to co-operate with the assaults after her initial protests.
Despite determining the victim did not consent to sex, Thomson acquitted Stewart on a sexual assault charge stemming from an incident on Dec. 5, 2005.
Stewart entered the woman's apartment after he got a key from her roommate. The woman was asleep, naked in her bed and Stewart woke her up asking for sex.
The woman and Stewart were acquainted, but she did not consider him a friend.
While the woman never outright rejected Stewart, she told him having sex was wrong because he had a pregnant wife. Thomson acquitted the man because at one point during the assault the woman got up to find a condom.
"I'm troubled by her getting up and getting a condom," Thomson said. "In his mind, he could have thought that was consent."
Thomson said the second rape, on Dec. 8, 2005, was an entirely different scenario. The man went back to the apartment using the key. This time the woman was more direct in her refusals. She testified she told the man using American sign language 'No,' and that he was raping her.
"He clearly planned it knowing the roommate wouldn't be there," Thomson said. "I find the accused's evidence was concocted to show compliance. I find the complainant was fearful and the accused was willfully blind to the complainant's (wishes)."