Jian Ghomeshi is a former host of CBC, he was recently fired after nine women accused him of sexually assaulting them. Three women have now come forward to the cops alleging they were sexually assaulted by Jian. Ghomeshi was fired by CBC after it said "graphic evidence" emerged that he had caused "physical injury" to a woman. A women who spoke to Toronto Star told them that Ghomeshi choked and beat her with his belt, smothered her until she almost blacked out, and left her with severe bruises on her body. There were many other violent incidents that had taken place when Ghomeshi claimed to just having rough sex and having role play. Many women said that he hit them in the head a few times prior to having sexual intercourse. Ghomeshi has not been charged with any offences yet. Firstly they have to prove that the women are being truthful for the reason that at this point these are all allegations.
Was there mens rea? Did Ghomeshi have a guilty mind when he was being violent during and leading up to sexual encounters? He must have been somewhat knowledgeable of what was taking place and that the women were not enjoying what he was doing to them. In light of the fact that many of the women claimed that they were crying he should have known they were not enjoying the rough sex. Ghomeshi’s actions go again section 7 of the Charter of Rights and Freedoms. This section states that everyone has the right to life, liberty, and security. Ghomeshi has infringed on these females rights when referring to the fact that he has endangered them by choking and beating them.
There was a case that is somewhat similar to Ghomeshi’s that can be used as a precedent, Regina. v. Welch 1995 CanLll. In this case Welch sexually assaulted Regina causing bodily harm to her, although Welch’s degree of violence and bodily harm is more severe than Jian’s it is along the
