cre A7 - Sunday News, November 30, 1980 ma ail ox TE Dear Editor: I refer to Bob Hunter’s article “The Definition of Rape,” which appeared in the November 19 issue of the North Shore News, in which he referred to the concern felt by “some women” over the precedent brought down in the recent Pappajohn rape trial. This precedent allows rapists to plead they “had an honest belief the woman was consenting to sex, without having to provide reasonable grounds for that belief. It_ may be of interest to readers that “some women” happen to include such a man may believe a woman is inviting him to have sex, surely, in the name of justice and common sense, the man should have _ reasonable grounds for his belief. To say that a man need not have reasonable grounds is, in fact, handing carte blanche to rapists. Indeed, in her letter to me, dated Sep- tember 15, 1980, Ms. Mc- Teer stated that the precedent was both “unreasonable and illogical and follows a line of legal reasoning which has been severely criticized and notable citizens as Maureen McTeer, Doris Anderson and Pauline Jewett, who have publicly expressed their concern over the Pappajohn precedent and have brought it to the attention of Mr. Jean Chretien, Minister of Justice. While it certainly can be true that on occasion entirely discredited since it was first enunciated in England years ago.” Mr. Hunter is mistaken if he thinks the Pappajohn precedent is the concern of only a few North Shore women. In_ fact, the precedent has caused concern all over Canada. Mr. Hunter's article Native Indians get Dear Editor: Their status as a founding people ignored in Trudeau's new constitution, Indian people are heading for Ottawa by the trainload. Seen as a_ hostile and aggressive attempt by the federal government to initiate the proposals in the infamous White Paper of 1969, - a paper which proposed the termination of the Indian Nations Trudeau's Constitution 1s under heavy attack. Determined to resist the implementation of the federal proposals, and hoping to focus’ both national and international attention on their plight, Indian Nations across Canada have organized one of the most dramatic protests to come along in a long time — the Constitution Express. At issue is the refusal of the federal government to entrench aboriginal, treaty, and all other pre-existing rights, or to recognize Indian lands. Demanding constitutional affirmation of their status as founding peoples, the Native Nations are demanding to be consulted regarding the proposed amending formula, aR Larrates KR OATES 404 Lonsdale PHONE: 987-4131 seemed to suggest that the focus of women’s concern was the fact that it was brought down by the all- male Supreme Court of Canada. While the all-male Supreme Court is certainly not the focus of women's concern, it nevertheless does cause us unease. Women have only to lok at our present sexual assault laws to suspect bias. Are you aware that if a man = sexually assaults another man, the punishment is ten years in jail? However, if that same man sexually assaults a female, the punishment is a. mere five years. Mr. Hunter seems to believe women need not fear the Pappajohn ruling, for it applied in only one case. But that case sets a precedent which can be used by future rapists. And therein lies the danger. And if the idea of “honest belief with the Charter of Rights, equalization, constitutional definition and all other provisions. The federal government's statement that they “will be continuing discussions with the native people’s groups to determine whether other rights, more specific to the native peoples, should be added to the charter”, is also a bone of contention. Ac- cording to the Union of B.C. Indian Chiefs, the National Indian Brotherhood, an umbrella group, has been accorded “observer status” - and that’s it For Canada's founding ony | 09 30 & Dec. | " DELUXE Y BURGERS ¥ EVERY TUESDAY 1 5:00 - 10:30 PM ina Rape case precedent must be fought reasonable grounds” seems too preposterous ever to be used, may I draw readers’ attention to a recent rape case as reported this November in the Vancouver Sun, ie. Reg. vs. Edward Silvio Martin. Martin, who claims he is hard of hearing and speaks only French with very little English, gave a lift to a woman near Terrace. He asked her to make love to him (in French?). She did not answer (how could he know, if he was hard of hearing — or maybe she could not speak French?). He assumed her silence was consent (why?). He made advances to her and she jumped out of the truck and tned to run away. Martin chased her, threw her into the truck and raped her. His defence was that, since he spoke but little English, he honestly believed — even though he ‘slap in the face’ people, that “courtesy” ts a slap in the face. Andree Ross North Vancouver admitted the woman had tried to run away — that she was consenting to ia- tercourse (why, why, why?) Judge Richard Low directed the jury that the “only issue they had to consider was that of consent”. Not, you'll notice, the woman's attempt to run away, or the right of a woman not to be raped — but only the honest belief of © the rapist. The jury decided Martin had honestly believed the woman was consenting, and he was therefore acquitted. 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