Ontario's top court is hearing that an alleged sexual assault victim should be allowed to testify wearing a niqab because she will still meet the defendants' eyes.Lawyer David Butt acknowledges the court must balance the defendant's right to a full defence and his client's right to freedom of religion.
The two defendants - the woman's cousin and uncle - are charged with sexually assaulting the woman, identified only as N.S., when she was a child.
They argue that they must be able to assess her demeanour on the stand by seeing her face because it is critical to their right to defend themselves.
Butt is telling the Court of Appeal for Ontario that they will still be able to meet their accuser's eyes and that very little else would be gleaned from seeing the rest of her face.
There are a number of interveners in the case, including the Women's Legal Education and Action Fund [LEAF] , which argues that forcing the woman to remove her niqab would deter other such sex assault complainants from coming forward.
The brainless cud-chewers at LEAF might not be the stupidest herd of cattle to thunder over the cliff -- we'll always (it seems) have the Palestinians -- but it's a close call. First off, let's disabuse ourselves of the notion that the niqab is a religious requirement - it is mentioned nowhere in the Koran and only came to prominence at the turn of the early 20th century. It is more a political and cultural statement associated with the Muslim Brotherhood and the Saudi Wahhabi sect. Egypt saw fit to ban it in schools and universities just last year.
As for the identity of the complainant being revealed causing an inhibiting effect: I'm sure LEAF feels the accusation alone is enough to prove guilt. No need for the bother of a trial, or for the woman even to show up. All men are rapists, after all, and women never lie about such things. Except when they do.
But if you insist that your quaint customs be upheld in a Canadian courtroom, let's serve up the entire pig, shall we? (Apologies for the metaphor, which I'm certain you'll find quite unkosher.)
You accuse these men of rape? Bring forward your four (male, Muslim) witnesses to testify to your blemishless conduct.
No? I thought not, you filthy adultress.