Monday, February 2, 2009

Woman to appeal ruling forcing her to unveil face in sexual assault trial

No here's a head scratcher. A muslim is appealing the court ruling forcing her to unveil her face when she testifies at a sexual assault trial. Her lawyers will be arguing that it is an infringement of her right to practice her religion. If the court should allow women to be veiled in order to follow their religion shouldn't the court also follow this quranic verse....Your wives are as a tilth unto you; so approach your tilth when or how ye will; but do some good act for your souls beforehand; and fear Allah. And know that ye are to meet Him (in the Hereafter), and give (these) good tidings to those who believe. Toronto Star

A judge has ordered a Toronto woman to testify without her niqab at a sexual assault trial – raising the thorny issue of whether Muslim women should be allowed to appear as witnesses wearing a veil that covers everything but the eyes.

The issue is a collision of two rights, pitting religious freedom against the right of a defendant to face an accuser in open court.[...]

In October, Ontario Court Justice Norris Weisman reached his "admittedly difficult decision" to force the complainant to testify with her face bared after finding her "religious belief is not that strong ... and that it is, as she says, a matter of comfort," he wrote in his ruling.

Lawyer David Butt is representing the woman and next month in Superior Court will argue that the Oct. 16 ruling should be overturned.

"For complainants in sexual assault cases, courtroom testimony is extremely difficult and often traumatic," he said last week. "During such times of great anxiety the courts should respect religious rights and practices that bring comfort and sustenance, particularly when they do not undermine the fairness of the proceedings."

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