Posted on 09/05/2003 2:23:39 AM PDT by KentTrappedInLiberalSeattle
Melfort, Sask. — A Saskatchewan judge drew accusations of racism Thursday when he said a 12-year-old aboriginal girl may have been a willing participant or even the aggressor in sexual activity with the 26-year-old man accused of assaulting her.
Dean Edmondson will be confined to his house for two years rather than a jail cell after receiving what Justice Fred Kovach conceded was a rare conditional sentence for sexual assault.
Mr. Edmondson will be electronically monitored during the sentence but will likely be allowed to go to work or leave the house for other reasons if given prior permission by his supervisor.
He will have to perform 200 hours of community service, take alcohol and sex offender counselling, and pay a $500 victim surcharge.
As Mr. Kovach read the sentence, supporters and family members of the now 14-year-old aboriginal girl stormed out of the courtroom shouting and accusing the court of racism.
The girl's enraged father walked out of the courthouse and punched in the headlights of his own van before being led away by supporters.
"The young white man was sitting there with the judge protecting him," a family spokesman told reporters outside court.
"Who has justice served here? It sure wasn't our aboriginal child.
"There's racist lawyers and racist judges in the justice system here in Canada. Those guys don't belong here. They ought to be kicked out," he said.
Mr. Edmondson waited more than an hour before leaving the courthouse with his parents by a back door.
The case has attracted national attention for the last two years.
In September 2001, Mr. Edmondson and two friends were drinking heavily and driving on country roads near Tisdale, Sask., when they met the girl on the steps of a small town bar.
The 89-pound girl accepted a ride and the men, all in their 20s, gave her several beers to drink.
Shortly after, she ended up in Mr. Edmondson's lap in the driver's seat and the two kissed.
Outside the truck, Mr. Edmondson attempted to have sex with her but could not get an erection.
His companions also tried unsuccessfully to have intercourse with her.
Mr. Edmondson was convicted in May of being a party to the sexual assault, which carries a maximum sentence of 14 years in prison.
The other two men were acquitted in a separate trial, which also led to outrage in the aboriginal community.
On Thursday, Mr. Kovach noted that this sexual assault was on the more severe end of the spectrum, and these types of crimes almost always result in lengthy penitentiary sentences.
"I think it's clear from the authorities that a conditional sentence would be rare indeed," Mr. Kovach said.
But he then cited earlier testimony suggesting the girl was frequently abused by her father.
He quoted the testimony of a pediatrician who said an abused child may show "unpredictable sexual behaviour."
This suggests the girl may have been a "willing participant" or "the aggressor" in the incident, he said.
"That in no way condones Mr. Edmondson's conduct, (but) in my opinion is a factor in sentencing."
The girl also got into the men's truck willingly, drank beer, and lied about her age.
These factors all must be taken into account in sentencing, he said.
It would have been much more serious, for example, if a girl had been snatched off the street on her way home from school and forced into sexual activity.
"No one has any business involving themselves sexually with anyone that age," Mr. Kovach said. "That being said, there are clearly degrees. There is a difference from a sentencing perspective."
Mr. Edmondson's 53 letters of support from friends and family filed in court shows he has substantial community support, Mr. Kovach said.
He noted Mr. Edmondson had been deemed a low risk to reoffend by a psychologist, and said he would not pose a danger to the community.
The very unusual facts suggest a jail term is "not necessarily required," he said.
In a brief statement to reporters, Crown prosecutor Gary Parker said he'll pass the file to justice officials in Regina to consider an appeal.
Defence lawyer Hugh Harradence said he feels the sentence was just and Mr. Edmondson was relieved.
Advocacy groups on hand denounced it.
"This is a (decision) against all children in Canada," said Kripa Shekar of the Saskatchewan Action Committee for the Status of Women.
"We should all be very, very concerned. Blame the victim is the message we got from the court."
Bob Hughes of the Saskatchewan Coalition Against Racism predicted the sentence would worsen racial tensions.
He said Mr. Edmondson should have been forced to spend time in the aboriginal community and to speak to young children about responsible attitudes and behaviour.
"The process has blamed the child and her family. We are treading on very serious ground," Mr. Hughes said.
You must not have seen many 12 year olds. For that matter, I met a woman the other day, a married lady of 25, that could of passed for 11.
Also, look at the facts as presented here:
In September 2001, Mr. Edmondson and two friends were drinking heavily and driving on country roads near Tisdale, Sask., when they met the girl on the steps of a small town bar.
If three guys who are drinking heavily meet a girl on the steps of a bar, what would be their natural reaction? In addition, what was her purpose for being there?
The 89-pound girl accepted a ride and the men, all in their 20s, gave her several beers to drink.
Apparently they asked her if she wanted a ride and she said yes. Apparently they offered her beer and she said yes. Even sober I would think that she was a willing participant and that this was nothing new for her. Most non-drinking girls would have a difficult time with one beer, much less several, and especially one of her ize and age.
Shortly after, she ended up in Mr. Edmondson's lap in the driver's seat and the two kissed.
Now, how do you suppose she got there? Were she forced it would surely have been an important issue and highly accentuated in the trial. So, we have three drunk guys who met a girl at a bar, she willingly accepted a ride, she drank beer, and then she got in a guy's lap and started kissing him. Doesn't sound like a typical 12 year old nor does it sound like a situation where three young drunk guys would consider her an innocent child.
Outside the truck, Mr. Edmondson attempted to have sex with her but could not get an erection.
Did she scream or try to run away? Was there sexual intercourse? Was there sex of any kind? Apparently not or that also would have been highlighted. So, where was the sexual assault? Sounds more like an assault with a dead weapon or shooting someone with an empty gun.
His companions also tried unsuccessfully to have intercourse with her.
Well, they are obviously guilty of the same non-crimes or at least of pointing an unloaded weapon at the ground.
I think the judge made a courageous and correct decision.
Another thing, what is this aboriginal deal. Was she from Australia or are the Canadians confused about how to be politically correct?
If she were signing a contract with three young drunk guys each would be equally responsible. If it were illegal a judge would have to decide. In this case, one did.
Not only would I want ID, I would want a signed note from her mother. :-)
Every guy that every had relations with a 12 year old could say, I didn't know. Do you think that would fly? The judge would laugh his ass off while waving good-bye to you.
This judge didn't laugh. He took into consideration the totality of the circumstances.
Most judges would through the book at adults for having sex with a 16 year old. This girl was twelve. The adult bears the responsibility to be responsible.
I agree with you.
No, I am not. I am saying that if any side of any contact is illegal a judge or jury must decide. In this hypothetical example, one side was twelve years old, so it was illegal and a judge or jury would have to decide.
I thought the same thing. It is strange that liberal Canada has not done that.
Me too. And I thought this was utterly ridiculous:
On Thursday, Mr. Kovach noted that this sexual assault was on the more severe end of the spectrum,
This is the Justice speaking. How in the world is this on the "more severe end of the spectrun"? The "severe end" would have been three guys kidnapping her and forcibly raping her.
To draw an analogy, if you were caught driving 80 in a 55, they would not allow you to get away with saying "I didn't know I was driving 80". Or if you sold beer to a 17 year-old, you cannot hide behind "He looked 21". So I don't see what the judge and jury are trying to decide.
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