The power of a public letter - Feldthusen on rape case

At 11:53AM graduate student in law Mireille Gervais wrote an open letter demanding that former VP and dean of the Faculty of Law (University of Ottawa) Bruce Feldthusen retract his statements recently reported in the media. See Gervais’ email below.
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At 3:01PM Feldthusen made a public retraction. See Feldthusen’s email below.
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Feldthusen appears to be claiming that he provided his opinion on current legal practice to a reporter without inquiring or being informed about the context of the reporter’s interest. The reporter would have then concocted the piece that clearly has Feldthusen commenting on the violent rape case in question: LINK to media article.
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It appears that either Feldhusen is misrepresenting his interview with the reporter or that the reporter (Ottawa Citizen, CanWest) is rather creative in her transmission of the facts: “Much of the university's statement of defence is standard legal language, said Bruce Feldthusen, dean of law at the University of Ottawa …” (LINK to media article.)
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In the latter case, we can trust that Citizen Publisher Jim Orban (and BOG member, University of Ottawa) will make any needed corrections to in-house journalistic practice and to the public record.
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[Photo credit: University of Ottawa; Bruce Feldthusen.]
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From: Mireille Gervais
Sent: August 12, 2009 11:53 AM
To: Bruce Feldthusen
Cc: roseann_runte[at]carleton.ca; Allan Rock; jorban[at]thecitizen.canwest.com; wrc[at]sfuo.ca; womyns_centre[at]cusaonline.com
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Subject: Faculty of Law Dean Feldthusen must retract legitimization of rape victim blaming
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Ottawa
August 12, 2009
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Bruce Feldthusen
Dean
Faculty of Common Law
University of Ottawa
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RE: Your Comments In Ottawa Citizen Article on Carleton University Rape Victim Lawsuit
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Dean Feldthusen,
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You were cited in a Saturday August 8, 2009, Ottawa Citizen article (Carleton Accused of ‘Victim Blaming’) regarding your opinions on the lawsuit involving the brutal August 2007 campus rape of a female student at Carleton University. Carleton University’s statement of defense claims that the victim failed to keep a ‘proper lookout’ and that the victim did not take sufficient steps to ensure her own safety.
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You were quoted as saying “pleadings are pleadings, and everybody is obligated to overstate their case at the pleadings stage.” Contrary to your inexcusable position, when a woman is attacked and raped while in her workspace on a university campus, her face smashed to the floor repeatedly necessitating serious medical attention, to blame her for not having kept the ‘proper lookout’ is not to overstate a defense, it is victim blaming in a most vile form and a shameful attempt at making women responsible for rape.
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You go on to state that “there's a case, I think, where the legal culture is just a little different from what people think.” This type of elitist logic cannot be justified in our legalistic world where so few can afford legal representation. If the legal culture is one where it is legitimate to fabricate arguments in a way that reinforces the worst sexist stereotypes and assigns the blame for violent attacks squarely on the victims, then there is something profoundly wrong with the legal profession as you profess it.
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As both an alumnus of and a graduate student at the University of Ottawa’s Faculty of Law, I am outraged that an official from the University would attempt to pass off Carleton University’s pleadings as normal, healthy, and ethical.
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In light of the seriousness of the circumstances, I believe that at the very least a retraction of your statements is necessary to show that the University of Ottawa’s Faculty of Law does not condone Carleton University’s unacceptable position.
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Mireille Gervais LL.L
Graduate Student in Law (Social Justice Concentration)
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cc. Roseann O’Reilly Runte, President, Carleton University
Allan Rock, President, University of Ottawa
Jim Orban, Publisher, The Ottawa Citizen
Amy Hammett, Women’s Resource Centre, University of Ottawa
Kandace Price, Womyn’s Centre, Carleton University
Media and made public
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From: Bruce Feldthusen
Date: Wed, Aug 12, 2009 at 3:01 PM
Subject: RE: Faculty of Law Dean Feldthusen must retract legitimization of rape victim blaming
To: Mireille Gervais
Cc: roseann_runte[at]carleton.ca, Allan Rock , jorban[at]thecitizen.canwest.com, wrc[at]sfuo.ca, womyns_centre[at]cusaonline.com
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Dear All,
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It is true that I was interviewed by a reporter at the Ottawa Citizen and portions of that interview were later quoted in the Citizen on Saturday August 8. During the interview I expressed no opinion whatsoever about a particular sexual assault that had occurred at Carleton University, nor about the lawsuit arising from that sexual assault. I know nothing whatsoever about that case. To her credit, the reporter did not ask me to comment upon a case before the courts Nor did I discuss civil claims and defenses arising from sexual assault in particular. The interview dealt with civil procedure in damage claims generally. I discussed the difference between statements that appear in legal pleadings and statements proven in evidence. I was not asked, and I did not make any comments about the present state of the law as it affects victims of sexual assault. On that subject, my published work speaks for itself.
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Saturday August 8, 2009, Ottawa Citizen article (Carleton Accused of ‘Victim Blaming’)
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Bruce Feldthusen
Doyen/Dean Common Law
Faculté de Droit/Faculty of Law
Université d'Ottawa/University of Ottawa
57 Louis Pasteur
Ottawa ON K1N 6N5
Canada
613-562-5927