Ontario Judge Finds that Police and Hospital Doctors Planted Rape Memories in Alleged Victim

[EndlessCritic]

https://www.canlii.org/en/on/onsc/doc/2018/2018onsc3199/2018onsc3199.html

She says she was anally raped.

He said they were trying to have consensual intercourse, when the bed collapsed and she smacked her head, sustaining a head injury. He says no intercourse occurred at all.

She ultimately went to the hospital where she was treated for her head injury. At the hospital, it was suggested to her by the doctors and police officers that she had been anally raped.

The accused ends up being charged with sexual assault. The judge acquits him, finding that the complainant's memory of being raped was entirely planted in her by the police officer and hospital doctor.

given what was suggested to her by Ms. Waldman and then Det. McInnis, Ms. B. came to believe that because of the pain and the blood, she had been anally penetrated. What she originally described as a feeling that this possibly happened became a 100% certain belief once she knew more from Det. McInnis including the fact that Mr. Alibaba used a condom and that he denied there was sexual intercourse.

[114] In my view this case is an unfortunate example of what can happen when everyone who deals with a sexual assault complainant, especially one who professes to have no memory of what others allege was likely a sexual assault and possibly an assault by anal penetration, is not careful to avoid making suggestions and providing information that may cause the complainant to come to a belief that a sexual assault happened and then making these serious allegations against a man who in this case, in my view, is likely entirely innocent. I do not blame Ms. B. because she too was a victim of these improper suggestions and has to live with the belief that she was sexually assaulted when in my view that is likely not the case. I hope that she can understand why I have come to the conclusion that I have and perhaps accept that she may be mistaken.

[115] I should also say that I do not blame Ms. Waldman about what happened although if she reviews this decision I hope it will cause her to make some changes to her practice. In my view, information received by a sexual assault nurse from police can be helpful in asking open ended questions of the complainant during the examination, but the information should otherwise not be shared with the complainant. Similarly it would be better if Ms. Waldman had not offered her opinion about the possibility of what might have happened. I would say this is so in every case, regardless of what the complainant remembers.

[116] As for Det. McInnis, I did not hear from her but if she provided the information to the complainant that the complainant alleges that she did, that in my view is highly problematic. Again, information from Mr. Alibaba or the forensic results could have informed the need for Det. McInnis to ask Ms. B. some open ended questions but information that might taint her evidence should never have been provided to her.

[117] Hopefully some lessons will be learned by those in authority in dealing with cases when a complainant makes no allegation of sexual assault and has no memory of what happened during what she otherwise admits was a consensual sexual encounter.

To what extent do sherdoggers think this case is an outlier?

 

[bushman505]

 

[Rematch]

Was there evidence of recent anal penetration at the time?

 

[Rygu]

Hate when that happens.

 

[method115]

Was there evidence of recent anal penetration at the time?

It's hard to read but apparently there was pain back there and blood.

 

[FrontNakedChoke]

It's hard to read but apparently there was pain back there and blood.

I found the story confusing and the thread title misleading.

 

[EndlessCritic]

I found the story confusing and the thread title misleading.

The thread title is not remotely misleading. The judge found that the rape did not occur, and that the accused complainant subjectively believed she was raped because it was suggested to her by the police and doctors.

I have never in my life seen a case where the judge explicitly finds that the police officer planted the memory in the complainant.

 

[Headkicktoleg]

The thread title is not remotely misleading. The judge found that the rape did not occur, and that the accused complainant subjectively believed she was raped because it was suggested to her by the police and doctors.

The title somewhat implies the memories were planted on purpose by the police. I assumed that wasn't the case, but I can understand why some would think that.

 

[FrontNakedChoke]

The thread title is not remotely misleading. The judge found that the rape did not occur, and that the accused subjectively believed she was raped because it was suggested to her by the police and doctors.

Maybe I've just been watching too many mind control documentaries, but planted rape memories sounds a little different than an implication that something may have happened.

 

[Gunny]

Were these a couple of giant fat asses or something?

 

[Deleted member 391673]

https://www.canlii.org/en/on/onsc/doc/2018/2018onsc3199/2018onsc3199.html

She says she was anally raped.

He said they were trying to have consensual intercourse, when the bed collapsed and she smacked her head, sustaining a head injury. He says no intercourse occurred at all.

She ultimately went to the hospital where she was treated for her head injury. At the hospital, it was suggested to her by the doctors and police officers that she had been anally raped.

The accused ends up being charged with sexual assault. The judge acquits him, finding that the complainant's memory of being raped was entirely planted in her by the police officer and hospital doctor.

To what extent do sherdoggers think this case is an outlier?

this is some PKD-Dark City-Total Rickall type dystopian shit

 

[nostradumbass]

The bed collapsed while they were trying to have sex? They sound poor.

 

[redwire]

The bed collapsed while they were trying to have sex? They sound poor.

I submit that if you've never broken furniture while getting it on, you're probably not doing it right.

 

[nostradumbass]

I submit that if you've never broken furniture while getting it on, you're probably not doing it right.

He said they were trying to have consensual intercourse, when the bed collapsed and she smacked her head, sustaining a head injury. He says no intercourse occurred at all.

 

[Ayin]

Were these a couple of giant fat asses or something?

Doesn’t take much to break a corner weld on a flat steel frame bed.

I submit that if you've never broken furniture while getting it on, you're probably not doing it right.

I second this.

 

[Renard]

Imagine, in the future this thread title won't be clickbait. "Judge, the defendant used nanorobots to manipulate the memory of the victim. As the prosecution we seek the maximum penalty, a one-way trip to the soylent green facility."

 

[unimackpass]

Maybe I've just been watching too many mind control documentaries, but planted rape memories sounds a little different than an implication that something may have happened.

Actually their fairly closely related. The suggestion that something might have happened has caused people to have false dreams and memories that it actually did. More subtle and serpentine.

 

[dontsnitch]

Could this be the first case ever where some dude actually fell penis first into some girl?

 

[Rematch]

It's hard to read but apparently there was pain back there and blood.

And the judge just dismissed it as a reasonable injury that can occur from broken furniture?

 

[Steven_Universe]

That is so Ontario.

I live in Toronto. My friend was having sex with a girl at the university of Toronto library.

The school called the police and the police tried to convince her that it was not consensual.

They asked her about 20 times if she was forced or coerced.

She said no no no no no. And thankfully he wasn’t charged with a sex crime.