Tuesday, August 18, 2009

Well, it's only kinda rape.

Apparently forcing yourself on a women, kissing her and "not the most serious" penetration only deserves two months house arrest.

From The Ottawa Citizen (emphasis mine):

OTTAWA — An Ottawa taxi driver found guilty of sexually assaulting a female passenger has been sentenced to two months of house arrest.

Hassan Jabar Majli, 36, stood with his arms behind his back as Ontario Superior Court Justice Denis Power sentenced him for the June 23, 2007 sexual assault in the lobby of a west-end apartment building.


Power, who said he had "considerable difficulty" arriving at a conditional sentence, said a term of incarceration in jail was not out of the question, but he took into account that the sexual assault Majli was convicted of was "not the most serious" and that Majli's myriad of health problems would be better treated in the community.

Majli, who has since lost his taxi licence, was found guilty of sexual assault in May after court heard testimony from the victim, a teacher, about how the driver followed her into her apartment building and kissed her on the mouth as she tried to get on an elevator.

The victim, who can't be identified because of a publication ban, testified the driver then put his hand up her skirt and digitally penetrated her as she tried to flee through a stairway door.

It matters not that the man has health problems. It matters not that the woman had been drinking. It matters not that she had been pleasant with him. It matters not that she had attempted to speak Arabic. It matters not that he only used his finger(s). It is still rape, and this man should receive a sentence that better reflects his crime.

Further shame belongs to the prosecutor, who only asked for two months jail time. Yup, just two months - for rape.

As a society, we cannot protect every citizen who winds up in a vulnerable situation. It's unfortunate, but it's a fact. However, we should be able to offer justice when that vulnerability is preyed upon.

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