Verdict: GUILTY!

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Jurors coming back.

Judge back with his instructions. Jury is coming back into the court room to hear the answer to the 4th question of the day

Judge and lawyers are back again

Jurors come back to hear the answer from the judge #rafferty
 
London Free Press‏@RaffertyLFP

Court back in session, jury returning
 
robynhoo: LindaNguyenPN The judge is still working on his answer to question on sexual assault causing bodily harm. Jury can deliberate past 9 pm if they want too

good!
 
I was recently in a jury pool in Ontario. If there is one thing I learned about that experience is if I am ever before the courts I do not want to be tried by a jury of my peers.

That's scary.
 
Heeney reads his response to the question: "the instruction deals with a person who removes the clothing of a confined child..."

Sexual assault causing bodily harm definition read. Person applied force to victim, force was sexual, force caused bodily harm.

Even a slight touch is force. Remove of under clothing is force. It was intentional.
 
AM980.ca‏@AM980_Court

Heeney reads his response to the question: "the instruction deals with a person who removes the clothing of a confined child..."
 
Rather than give you the answer to your question, I will give you the analytical tools to answer it yourselves." - J. Heeney

Instead of answering question 4-judge gives #Rafferty jury analytical tools to answer on thier own

Acts to demean for sexual pleasure are also sexual assault. If removal of clothing violated sexual integrity of the child, that occurred.
 
AM980.ca‏@AM980_Court

Even a slight touch is force. Remove of under clothing is force. It was intentional.


1m AM980.ca‏@AM980_Court

Sexual assault causing bodily harm definition read. Person applied force to victim, force was sexual, force caused bodily harm.
 
AM980.ca‏@AM980_Court

Acts to demean for sexual pleasure are also sexual assault. If removal of clothing violated sexual integrity of the child, that occurred.
 
Judge says person has 2 (1) apply force (2) of a sexual nature (3) causing bodily harm 2 commit sexual assault causing bodily harm

First two requirements if yes are sexual assault. If all three it's sexual assault causing bodily harm.

Bodily harm must be caused by act.

Sexual nature. Any act that is meant to degrade or demean her in a sexual nature

Heeney providing jury with tools to answer questions themselves. Adds this supersedes his previous answer.
 
London Free Press‏@RaffertyLFP

Heeney tells jury that sexual assault causing bodily harm has three elements.
 
AM980.ca‏@AM980_Court

Heeney reads his response to the question: "the instruction deals with a person who removes the clothing of a confined child..."

Whew. That makes it all so clear now. NOT

If they're struggling with who did what, this won't help them. I see question #5 in the near future. *sigh*
 
London Free Press‏@RaffertyLFP

Intentional force has to be applied, that it was in circumstances of a sexual nature, and that bodily harm occurred.
 
London Free Press‏@RaffertyLFP

Slight touch can be considered force.
 
I think the question was "what if".... a jury member was on here but i doubt it. I truly believe they all stuck to the law. JMO
Well, the media wasn't getting any more information than what the jury heard, but it's a chilling thought anyway. If the verdict doesn't go how the defence likes and they found out, would a tainted jury be grounds for appeal or a mistrial?
 
Rather than give you the answer to your question, I will give you the analytical tools to answer it yourselves." - J. Heeney

Instead of answering question 4-judge gives #Rafferty jury analytical tools to answer on thier own

Acts to demean for sexual pleasure are also sexual assault. If removal of clothing violated sexual integrity of the child, that occurred.

Please speak simple Heeney or you'll be back with the same question in an hour: In other words do you believe she was raped or not? But very simply, do you feel he actually forced her clothes off and YES he did so YES it is sexual assault....Please someone read here
 
If not hurt or injury was caused during the sexual assault it is not sexual assault causing bodily harm. #Rafferty

Jurors may find Rafferty guilty of sexual assault, rather than sexual assault causing bodily harm. Jurors excused to deliberate.

Judge answered question: sex assault cause bodily harm means, use of force in sexual circumstances that hurts the victim

Judge says if jury find no bodily harm, they can still find guilty of sexual assault

COME ON... not to be graphic but seriously, the act to a child IS BODILY HARM

Jury can consider sexual assault and sexual assault causing bodily harm
 
London Free Press‏@RaffertyLFP

Jury excused to continue deliberations.
 
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