posted on Nov, 27 2014 @ 02:47 PM
a reply to: the2ofusr1
"Overcome resistance - choking"
is a very serious charge, according to an article I read in today's Toronto Star
In an article by Daniel Otis on page A31, in a special section of the paper devoted to the Ghomeshi case, we are told:
Section 246 of the Criminal Code defines overcoming resistance by choking as "attempts, by any means, to choke, suffocate or strangle
another person, or by any means calculated to choke, suffocate or strangle, attempts to render another person insensible, unconscious or incapable of
The story quotes a criminal defense attorney (I won't name him) as follows:
It's a very serious offense. Basically it means that you're choking someone with the intention of stopping them from resisting (the commission
of a criminal act) . . .
He goes on to say that the charge is generally laid in connection with another charge like sexual assault. The article says that the charge is not
uncommon and that sentences for it are served consecutively
. "Life" sentences are seldom given for this offense, according to another quoted
We are definitely dealing with a clash of contexts here.
One is reminded of Pierre Trudeau's famous dictum,
"There is no place for the State in the bedrooms of the Nation."
I have difficulty putting what Ghomeshi is alleged to have done alongside the choking efforts of a kidnapper or serial killer, but clearly the State
and his accusers believe his actions belong in that very serious category.
Do we need "dating law" in this country, or do all transgressions and all misunderstandings automatically get shunted into the rut of criminal law?
Does Ghomeshi's "pattern of behavior" if it exists, indicate habitual attempts to commit criminal acts or persistent boorishness?
Maybe I am being overly delicate. Maybe all rough boorishness is a matter for the criminal justice system. I can't help feeling that the law itself is
too rough an instrument for this sort of situation. Perhaps if there were such a thing as "dating law" and offenses were misdemeanors, Ghomeshi would
have been brought to book a long time ago and certain alleged troublesome behaviors would have been altered for the better.
edit on 27-11-2014
by ipsedixit because: (no reason given)