'Party girl' stereotype played role in cabbie sex-assault case: professor

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HALIFAX -- The stereotype of the promiscuous party girl may have factored into the acquittal of a Halifax cab driver accused of sexually assaulting a woman in his car, a review of the case suggests. While falling short of judicial misconduct, Craig contends the Nova Scotia provincial judge erred in his assessment of the case, but also suggests that the Crown and defence lawyers may share responsibility for allowing legally rejected stereotypes to seep into the courtroom unchallenged. Al-Rawi, 40, was charged after police found the woman, in her 20s, passed out and partially naked in his car in the early hours of May 23, During Al-Rawi's trial in December and January, a police constable testified that she saw Al-Rawi shoving the woman's urine-soaked pants and underwear between the front seats. At the time of his arrest, Al-Rawi's seat was partially reclined and the woman's legs were resting on the back of the front bucket seats. Al-Rawi's pants were undone at the waist and his zipper was down a couple of inches, the officer said. Evidence of the woman's DNA was found on Al-Rawi's upper lip, but the origin of the bodily fluid couldn't be identified. Craig suggests the judge may have been influenced by defence lawyer Luke Craggs' suggestion that the woman becomes a different type of person when she consumes large quantities of alcohol, including invoking Jekyll and Hyde to contrast the woman's behaviour in her drunk and sober states. The evidence was not flagged by the judge or Crown, Craig said.

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