The Swamp

I’m so shocked by this story that I felt I had to post it in its entirety:

Murder victim ‘inviting,’ so no jail
Judge rules woman’s clothes, conduct ease blame on attacker

A convicted murderer will not go to jail because a Manitoba judge says the victim sent signals that “death was in the air” through her gothic attire and morbid conduct on the night of the attack.

Keith Robinson was given a two-year conditional sentence last week which allows him to remain free in the community, in a decision likely to trigger strong debate. The Crown wanted at least three years behind bars.

Queen’s Bench Justice Robert Dewar called Robinson a “clumsy Ted Bundy” who may have misunderstood what the victim wanted when he murdered her along a darkened highway outside Thompson in 2006.

Robinson and a friend met the 26-year-old woman and her girlfriend earlier that night outside a bar under what the judge called “inviting circumstances.” Dewar specifically noted the women were wearing dark clothing, black army boots and plenty of black makeup.

“They made their intentions publicly known that they wanted to die,” said Dewar. He said the women spoke of going to a nearby cemetery that night “notwithstanding the fact neither of them had a relative there.”

The foursome left the parking lot and headed into the woods, court was told. Robinson began making threatening advances towards the victim, who initially rejected him but later returned his playful threats. Robinson then attacked the woman once they were alone.

Robinson pleaded not guilty at the trial on the basis he thought the woman had consented. Dewar rejected his defence — but said aspects of it can now be considered in sentencing.

“This is a different case than one where there is no perceived invitation,” said Dewar. “This is a case of misunderstood signals and inconsiderate behaviour.”

Dewar said he didn’t want to be seen as blaming the victim but that all of the factors surrounding the case must be viewed to assess “moral blameworthiness.”

“I’m sure whatever signals were sent that death was in the air were unintentional,” he said.

The Crown was seeking at least three years in prison for Robinson, who has no prior criminal record and works for the City of Thompson. They cited numerous precedents from the Manitoba Court of Appeal suggesting the “starting point” for a murder is a penitentiary sentence.

“This sentencing will raise a number of issues relating to public confidence in the sentencing process,” Crown attorney Sheila Seesahai told court. She said the victim was at the mercy of her much larger attacker and his “repugnant and reprehensible” conduct.

“This is a very serious murder case. The harm to the victim can’t be underestimated,” said Seesahai.

Defence lawyer Derek Coggan told court it’s clear alcohol was a factor for both his client and the victim in terms of their ability to make good judgments.

“She had a very different understanding of what was in the accused’s mind than he did,” said Coggan. He said Robinson never threatened the woman, didn’t have a weapon and was simply “insensitive to the fact (she) was not a willing participant.”

Dewar said the case was not “typical” of ones the courts often see and shouldn’t be viewed as a precedent.

“There is a different quality to this case than many murders,” he said. “Not all guilty people are morally culpable to the same level. This difference is not to be reflected in conviction. It can be reflected in sentencing. Protection of society is not advanced one iota by putting Mr. Robinson in jail.”

Robinson will be under a 24-hour curfew for the first year of his conditional sentence, with exceptions to allow him to work and attend to medical appointments. His name will also be placed on the national murderer registry. The judge also ordered Robinson to write a letter of apology to his victim.

Oh, I’m sorry, it wasn’t murder, it was rape. Well, I guess that’s different, then. She must have been asking for it.