The accusor is 16 and the accused is 18. Neither of them should have been in the bar.

Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner’s guilt subject to… the defence of insanity and subject also to any statutory exception. If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner… the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.

If he’s guilty, neuter the bastard…if you can’t do the gender proud by wearing the equipment then you shouldn’t have the equipment to begin with. But don’t take the situation to a holier-than-though “I’m going to run for Mayor of PHT” level. The guy was just asking the question.

The Charter protects the individual and ensures fairness during legal proceedings, particularly in criminal cases. The rights to habeas corpus, or the right to challenge being detained or held, and to be presumed innocent until proven guilty – always recognized as part of our law – are now guaranteed in our constitution.

No one can be deprived of the right to liberty and security of his or her person except through proper legal procedures. Canadians are protected against unreasonable searches and seizures, and against police using excessive force, even when a search or seizure is authorized by law. We are also protected against being detained or arrested arbitrarily. In other words, a police officer must have a reasonable suspicion that we have committed a crime before holding us in custody.

The Charter also protects us against arbitrary actions by law enforcement agencies. It guarantees our rights to be told why we are being arrested or detained, to consult a lawyer without delay, to be informed of this right, and to have a court determine quickly whether the detention is lawful.

If you are charged with an offence under federal or provincial law you also have the right

to be told promptly of the offence,
to be tried within a reasonable time,
not to be compelled to testify at your own trial,
to be presumed innocent until proven guilty beyond a reasonable doubt in a fair and public hearing by an independent and impartial tribunal,
not to be denied reasonable bail without cause,
not to be subjected to any cruel and unusual punishment,
to be tried by a jury for serious charges, and
not to be tried or punished twice for the same offence.

Though that really has nothing to do with her being sexually assaulted.

Since when is a 16 year old considered a woman?