The House of Lancaster, also known as the Foxxes Den, is seen in this image. Google Street View.
TORONTO Free chat in Kelowna A male strip-club performer convicted of sexually assaulting a woman who paid him for a lap dance should get a new trial because the judge relied on stereotypes of how women behave, Ontario's top court ruled on Thursday.
In quashing the conviction against Damir Cepic, the Court of Appeal faulted the judge's reasoning in deciding the complainant, 23, did not consent to sexual activity with.
The case arose in Marchwhen the woman, identified only as OI, and seven girlfriends went to the Foxxes Otatwa in Toronto to celebrate a birthday, court records. It was OI's first time at such a club. He would testify she reached into his pants to touch his private parts, something she would deny.
This time, court heard, she performed oral sex on him and he briefly penetrated. Cepic testified at trial before Superior Court Justice Anne London-Weinstein that he was already having intercourse with the woman and about to ejaculate when the woman said, "no, I have a boyfriend.
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After the dance, OI texted a friend wondering what to tell her boyfriend. She also said she was worried her father, a police officer, would be furious, court heard.
When her then-boyfriend arrived to pick her up, she told him she had been sexually assaulted, court heard. She reported the incident to police several hours later.
Police charged Cepic with sexual assault. The only issue at trial was consent.
OI argued she was forced into fellatio and intercourse. Cepic, described as a hard-working and trustworthy father, said the woman had been a willing participant. London-Weinstein sided with OI, saying she found the complainant reliable and credible, and Cepic self-serving.
For example, the judge rejected Cepic's evidence that OI had touched him sexually, enyertainment it was unlikely the woman would have done so on her first-ever lap dance.
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The judge also called it "completely implausible and nonsensical" that OI would have told the accused about her boyfriend just Pam Langley tape free he was about to climax.
Cepic appealed, arguing the judge had relied on stereotypes and assumptions, while OI maintained London-Weinstein was entitled to rely on common sense assumptions about basic human behaviour. In its analysis, the Appeal Court warned the common-sense approach to assessing credibility is "fraught with danger," and London-Weinstein had unfairly made assumptions about female behaviour in accepting OI's testimony and rejecting Cepic's.
London-Weinstein, the higher court Male entertainment Ottawa Canada, also appeared to resort to stereotypes Cansda male aggression when she rejected Cepic's evidence that OI had come on to him and found he had taken advantage of a "stunned and confused" young woman.
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Male stripper who performed lap dance on woman gets new sex enteftainment trial The House of Lancaster, also known as the Foxxes Den, is seen in this image. Gently used Highland Ghillies. Male stripper who performed lap dance Massage supplies Markham ks woman gets new sex assault trial The House of Lancaster, also known as the Foxxes Den, is seen in this image.
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❶London-Weinsten convicted Cepic and jailed him for two years less a day.
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