Second complaint filed against Saskatchewan judge after sexual assault trial

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REGINA – A second complaint has been filed against a Saskatchewan judge who not too long ago heard a sexual assault trial for a former Regina physician.

The complaint was filed Friday with the Canadian Judicial Council by one in all 5 girls who had accused Sylvester Ukabam of touching them inappropriately throughout medical exams.

The girl can’t be named resulting from a publication ban.

Last month, Court of Queen’s Bench Justice Brian Scherman acquitted Ukabam of seven counts of sexual assault alleged to have occurred between 2010 and 2017.

The judge mentioned in his written choice that 4 of the 5 girls had been mistaken about what they felt throughout rectal exams.

In his choice, Scherman mentioned the case got here all the way down to the reliability of proof and he discovered no cause why he shouldn’t consider Ukabam, who was “logical and consistent” in his testimony.

In an interview Monday, the complainant mentioned probably the most distressing a part of the decision was listening to the male judge say the ladies misperceived what they felt.

“He said because I was hysterical and panicked I didn’t know what was going on. I knew exactly what was going on,” she mentioned in an interview.

She mentioned his choice confirmed an outdated gender bias and that she wished to talk up for different girls who could need to take care of the prison justice system sooner or later.

“Women are very aware of their vaginas being touched and not confusing vaginal penetration versus a rectal penetration. As women, we are not confused,” she wrote in her complaint.

A complaint filed by one other girl on June 8 raised the identical concern to the Canadian Judicial Council. The council mentioned it’s reviewing the primary complaint and it’s anticipated to take three to 6 months to finish. It didn’t reply to a request Monday for affirmation on whether or not it’s reviewing the second complaint.

The Courts of Saskatchewan web site says Scherman took supernumerary standing final yr, which implies he hears a decreased variety of circumstances. A spokeswoman for the province’s judges mentioned Scherman declined to touch upon the complaints.

The newest girl to file a complaint additionally mentioned Scherman’s choice included sexist myths about girls by giving the impression girls permit their feelings to cloud their recollection of occasions and usually tend to be mistaken.

“Judge Scherman’s written notes are appalling to even consider that all the victim’s testimonies are ‘less reliable’ for no other reason than they are not able to decipher their vaginas and rectums being touched,” she wrote.

The girl mentioned she felt her feelings had been used against her, and that she felt victimized once more by the decision.

“He clearly still buys into the outdated belief that women are too emotional and irrational to be believed,” she mentioned in her written complaint.

Scherman’s choice can be being appealed by the Crown.

The Crown argues in its discover of attraction filed earlier this month that the judge erred by dismissing its utility to confess related reality proof, failed to think about the totality of proof and speculated about issues not in proof.

Ukabam’s lawyer Aaron Fox has mentioned he could be submitting a cross-appeal.

This report by The Canadian Press was first revealed June 20, 2022.


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