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w w w . C A N A D I A N L a w y e r m a g . c o m F E B R U A R Y 2 0 1 6 17 thinking was often incoherent. Writes Craig: "Most of the interview partici- pants offered comments that seemed at odds with other responses they had pro- vided." She concludes that — in Canada at least — there is more than one profes- sional vision of how to practise sexual assault law. Criminal defence lawyers, it seems, are torn between Scylla and Charybdis, finding it difficult to choose between unfettered loyalty to their client and vague obligations to the complain- ant, society, and the justice system. Craig and Tanovich often refer in their writings to the "context" of sexual assault cases. By this they imply that sexual assault cases exist in a separate world where unique ethical consider- ations apply. There is no question that sexual assault cases, by their very nature, are unpleasant if not awful for those involved, and arguably this may impose particular obligations, if only those of human decency, on all those caught up in the process. But this is true, in different ways, of many criminal trials (and, indeed, of trials in general). Human happiness does not flourish in the courtrooms of the nation. No one enjoys being cross- examined. It is hard to see that sexual assault trials are sui generis, completely unlike any other, requiring special ethi- cal rules. Indeed, in one crucial respect, sexual assault trials are very much like any other criminal trial. The accused, yet to be found guilty, perhaps eventually to be found innocent, has the fearsome power of the state arrayed against him, and it is usually a him. He stands to lose his liberty, let alone his reputation, liveli- hood, and God knows what else. His fate depends in part on our system of law and justice, and the unceasing and ener- getic efforts, and skill and loyalty, of his advocate. In our system, in our country, he is entitled to these things. Were the process to be excessively complainant- centric, the accused's access to loyal and zealous advocacy might be in doubt and his reliance on justice misplaced. To return to Craig's findings, it is small wonder that Canadian criminal defence lawyers are confused when it comes to sexual assault cases. The new view, and perceived political correctness frequently and vociferously expressed, pushes them in one direction. Their nat- ural instincts and a long tradition push them in another. What are they to do? Almost no one denies the sensitivity of the issues and the need for balance and maturity. To arrive at the right balance is hard indeed. Pity the poor lawyer. One more thing. These days some- one who alleges sexual assault is often carelessly described as a "victim." This is not right. The dictionary definition of "victim" is "a person harmed . . . as a result of a crime." The use of the word "victim" assumes that a crime has been committed and that the accused is guilty. Let us remember, the whole point of a fair trial is to determine if that is the case. Philip Slayton is immediate past presi- dent of PEN Canada, an organization that promotes and protects freedom of expression. Because business issues are legal issues. So if you want to get ahead in business, get the degree that gets you there faster. ONE YEAR – PART - TIME – NO THESIS FOR L AWYERS AND NON - LAWYERS law.utoronto.ca/ExecutiveLLM GPLLM Global Professional Master of Laws [Get a Master of Laws] ntitled-1 1 2015-02-25 8:38 AM

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