Activists say the ruling is a setback for sexual assault victims and sends a 'dangerous message.'
TORONTO — A court ruling allowing people accused of sexual assault or other violent crimes to argue they were so intoxicated they didn’t know what they were doing has angered women’s-rights activists but civil libertarians call the criticism unwarranted.
The Women’s Legal Education and Action Fund, which intervened in the case, called the decision a setback for victims, particularly of sexual assault. Cara Zwibel, a director with the Canadian Civil Liberties Association, said the decision clarified the legal situation around use of the intoxication defence. While she sympathized with concerns the ruling would undermine protections for sexual assault victims, she said they were overblown.
At issue was a law the federal government enacted in 1995 amid a backlash over a court ruling that recognized drunkenness could be raised to defend against a sexual assault charge.
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