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Judge Asked Alleged Rape Victim Why She Couldn't Just Keep Her Knees Together

Last year, Canadian federal justice Robin Camp "demonstrated absolute disregard and disdain" for a 19-year-old homeless woman who reported she had been sexually assaulted. Now, he's under review.
Photo by Flickr user Joe Gratz

"Why couldn't you just keep your knees together?"

This sexist question was asked not by a mother from the 1950s, speaking to her pregnant teenage daughter, but by a Canadian Federal Court judge. Last year, Justice Robin Camp lobbed the offensive query at a 19-year-old homeless woman who alleged she had been raped by a Calgary man named Alexander Scott Wagar. According to the CBC, the alleged assault occurred at a house party over a bathroom sink. Along with harassing the complainant about her knees, Camp asked her: "Why didn't you just sink your bottom down into the basin so he couldn't penetrate you?"

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Wagar was initially acquitted of sexual assault charges last year, but on October 15, 2015, Alberta's Court of Appeal overturned that decision and ordered a new trial. Following that decision, four law professors at Dalhousie University and the University of Calgary (Elaine Craig, Jocelyn Downie, Jennifer Koshan and Alice Woolley) filed a complaint against Camp on Monday, asking the Canadian Judicial Council to review the judge's conduct.

"It's quite unusual to have a court of appeal overturn on the basis of a judge's stereotypical thinking," Professor Craig told Broadly of the group's decision to file the complaint. "So we obtained the trial transcript and started digging. It wasn't at all about his decision to acquit—we didn't have any comment on that, obviously. The complaint was focused on three things: his statements towards the complainant, the way in which [his comments] perpetuated outdated myths about rape, and his disdainful disregard for laws governing sexual assault trials in Canada," she continued.

Canada's government recently made an important feminist statement when Prime Minister Justin Trudeau answered "Because it's 2015" when asked about why he picked a gender-equal cabinet. Yet, like in the United States, alleged rape victims continue to face a special hell when fighting for legal justice in Canada. This incident and Camp's remarks are especially horrifying. "I think that sexual assault complainants continue to face this type of stereotypical thinking today, but this case is extreme," said Craig. "Judges are bound by an obligation to uphold the law, and he didn't seem willing or able to properly apply the law. He expressed great disdain, in fact, for the important reforms to sexual assault law that have occurred in the last number of decades, specifically aimed at removing precisely the type of stereotypical thinking that he engaged in." Craig added that Camp had violated the ethical principals laid out for judges by the Canadian Judicial Council, as well as "disregard, if not disdain" for rape shield provisions.

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According to Women Against Violence Against Women, one in four Canadian women will be assaulted in their lifetime. For homeless teens, it's even worse. "In a 2001 survey of 523 homeless youth (12–19 years old) in British Columbia, it was found that 87 percent of the girls had been physically and/or sexually abused," reports the Ottawa Rape Crisis Centre.

One of the most heinous recent news stories of sexual assault in Canada is the case of 17-year-old Rehtaeh Parsons, an alleged gang rape survivor who took her own life as a result of what is believed to have been virulent bullying, victim blaming, and slut shaming after the attack. Her story and others' are chronicled in the film UnSlut: A Documentary Film, which was produced by a non-profit project of the same name. "Justice Camp's behavior was appalling, and it is heartening to see it roundly condemned," said UnSlut founder Emily Lindin. "In addition to the ruling itself, the victim's experience is so dependent upon the attitude and beliefs of the judge. We count on judges not only to make lawful decisions but to frame those decisions in ways that represent our society's values. That's why it's so important for us to bring instances like this to light—it shows that we refuse to accept victim blaming as an institutional norm," said Lindin.

Read More: How to Date a Rape Survivor

Professor Craig echoed many people's concerns that comments such as Camp's could dissuade sexual assault survivors from bringing their attackers to court. "I think that's a very real concern," Craig said. "When members of the public feel that this is the way that a judge unapologetically—until yesterday—that this is the way that judges continue to reason in these cases, why would anyone come forward? Certainly I think it's a really legitimate concern and one that I have."

In addition to volunteering to undergo gender sensitivity counseling, Camp issued an apology, stating, "I have come to recognize that things that I said and attitudes I displayed during the trial of this matter, and in my decision, caused deep and significant pain to many people." According to the CBC, depending on the council's findings, the complaint can lead to a dismissal, required counseling for the subject (Camp), or an establishment of a review panel, who can then recommend the judge's removal. "I'm very pleased that the Canadian Judicial Council has decided to review his conduct," said Craig. "I hope that they look at all of the issues. I hope that they treat this as kind of the serious judicial misconduct that it is."