Abuse of Process

Rape! It’s not at topic one really speaks of, one that is as a taboo in society as is murder and to some extend manslaughter. However, imagine the turmoil of being accused of such a horrendous act. Criminal proceedings have in many cases justified or exemplified the actions of those being accused of a crime, giving at times reasonable sentences. However, there have been occasions where there were demonstrations of the very weaknesses of our legal system today. The wrongfully convicted, substantiate the facets of the court system pertaining to the cases at hand, that at times over looked. Such cases thus questions the legal boundaries the court system has in regards to the wrongful prosecutions of innocent bystanders. What rights does an accused acquire in the courtroom and to what extent can the court limit these rights in regards to the cases at hand. Such a case would be that of R.v. Folland (1999), 132 C.C.C (3d) 14 (Ont. C.A.).

“Guilty!” declares the judge after 90 minutes of jury deliberation.[1] Nowadays, it seems anyone can be convicted of a malicious crime even if there was a lack of evidence against one to prove otherwise. Gary Folland, the accused was convicted of the alleged sexual assault of a disclosed acquaintance, proceeding a late night drinking party. According to sources,

“ the woman awakened in the night to find that she was being sexually assaulted”, and thus identified the assailant as being Folland himself.[2] However, as the investigating period preceded it was evident that there was a next viable suspect at hand, identified by investigators as Harris. Harris, who was present on the property, a roommate of the victim to be exact,