Thaddeus Baklinski

Court hears appeal of man convicted of sexual assault for poking holes in condoms

Thaddeus Baklinski
Thaddeus Baklinski
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HALIFAX, June 6, 2012 (LifeSiteNews.com) - The lawyer for a Nova Scotia man who was convicted last year of sexual assault for having sex with his girlfriend after he had poked holes in her condoms, is asking the Appeals Court to consider the wider societal implications of birth control deception if the court allows the conviction to stand.

Defense lawyer Luke Craggs told the court on Monday, June 4, that Craig Jaret Hutchinson’s conviction could encourage litigation against anyone dishonest about their use of birth control and could “create undesirable results,” such as men refusing to pay child support because their sexual partners told them there was no possibility of a pregnancy.

“I’m sure if you venture down to Supreme Court family division, there are all sorts of sour men down there who feel they shouldn’t be paying child support because they didn’t want the child in the first place,” Craggs said in the Halifax courthouse, according to the Chronicle Herald.

“That does seem to be one result that could flow from this.”

Crown prosecutor Jim Gumpert, after questioning by the appeal court judges, reportedly conceded that he believed a woman could also be charged with sexual assault for lying to her partner about taking the birth control pill.

“There are very unusual social policy issues and legal issues in this case,” Gumpert acknowledged.

In 2009 Hutchinson was tried and acquitted of a charge of aggravated sexual assault by the Nova Scotia Supreme Court.

The court heard that in 2006 Hutchinson thought he could save his relationship with his girlfriend if she became pregnant, so he used a pin to poke holes in all of her condoms and then used them in sexual relations with her.

The woman, unnamed by court order, did become pregnant but subsequently had an abortion that resulted in her suffering a uterine infection that required medical treatment.

Supreme Court Judge Gerald Moir ruled that although Hutchinson’s actions were fraudulent and “dastardly,” they did not constitute sexual assault and found Hutchinson not guilty.

That decision was overturned by the Nova Scotia Court of Appeal, which ordered a new trial on the basis that the woman had not consented to unprotected sex.

On September 28, 2011, the Nova Scotia Supreme Court found Hutchinson guilty of sexual assault.

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At that trial the Crown prosecutor alleged Hutchinson endangered his girlfriend’s life by sabotaging her condoms.

However, Justice Richard Coughlan said the Crown failed to prove that the woman’s pregnancy was a result of having sex with damaged condoms and inferred that pregnancy is not life-threatening.

In handing down the sentence, Justice Coughlan said, “Considering the evidence, it has not been established that Mr. Hutchinson’s actions exposed (the woman) to a significant risk to her life. The Crown has not shown that Mr. Hutchinson’s actions endangered (her) life.”

Hutchinson was sentenced December 2nd to 18 months in jail, however he was released on bail of $5000 on December 15th.

At Monday’s hearing, the defense argued that although Hutchinson’s actions may have been deceitful, the court should recognize the difference between immoral and criminal conduct.

This “falls outside the boundaries of criminal conduct,” Hutchinson’s lawyer said.

The case, docket number CAC 370497, is being heard by five rather than the usual three judges. Headed by Chief Justice Michael MacDonald, the appeal court panel also includes Justices Oland, Hamilton, Fichaud, and Farrar.

“That is very unusual,” commented Crown Prosecutor Gumpert to media outside the courthouse.

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Lisa Bourne

‘You can’t have’ marriage equality ‘without polygamy’

Lisa Bourne
By Lisa Bourne

July 3, 2015 (LifeSiteNews) – Motivated by the U.S. Supreme Court ruling legalizing homosexual “marriage,” a Montana polygamist has filed for a second marriage license, so he can be legally wed to two women at once.

"It's about marriage equality," said Nathan Collier, using homosexual advocates’ term to support marriage redefinition. "You can't have this without polygamy."

Collier, who has has appeared on the TLC reality show Sister Wives with his legal wife Victoria, and his second wife Christine, said he was inspired by the dissent in the Supreme Court decision.

The minority Supreme Court justices said in Friday’s ruling it would open the door to both polygamy and religious persecution.

“It is striking how much of the majority’s reasoning would apply with equal force to the claim of a fundamental right to plural marriage,” wrote Chief Justice John Roberts.

Collier and his wives applied for a second marriage license earlier this week at the Yellowstone County Courthouse in Billings, a report from the Salt Lake Tribune said.

Collier, who was excommunicated from the Mormon Church for polygamy, married Victoria in 2000 and had a religious wedding ceremony with Christine in 2007. The three have seven children between them and from previous relationships.

"My second wife Christine, who I'm not legally married to, she's put up with my crap for a lot of years. She deserves legitimacy," Collier said.

Yellowstone County officials initially denied the application before saying they would consult with the County Attorney and get him a final answer.

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Bigamy, the holding of multiple marriage licenses, is illegal all 50 states, but Collier plans to sue if his application is denied. Officials expect to have an answer for him next week.

While homosexual “marriage” supporters have long insisted legalization of same-sex unions would not lead to polygamy, pro-life and family advocates have warned all along it would be inevitable with the redefinition of marriage.

“The next court cases coming will push for polygamy, as Chief Justice John Roberts acknowledged in his dissent,” said Penny Nance, president of Concerned Women for America, after the Supreme Court ruling. “The chief justice said “the argument for polygamy is actually stronger than that for ‘gay marriage.’ It’s only a matter of time.”

In a piece from the Washington Times, LifeSiteNews Editor-in-Chief and the co-founder of Voice of the Family John-Henry Westen stated the move toward legal polygamy is “just the next step in unraveling how Americans view marriage.”

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Chris Christie: Clerks must perform same-sex ‘marriages’ regardless of their religious beliefs

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By Ben Johnson

TRENTON, NJ, July 3, 2015 (LifeSiteNews) – Chris Christie is not known for nuance. This time, he has turned his fiery personality loose on county clerks and other officials who have religious objections to performing same-sex “marriages.”

In a tone usually reserved for busting teachers' unions, Christie told clerks who hold traditional values, “You took the job, and you took the oath.” He would offer no exemption for an individual whose conscience would not allow him to participate in a union the vast majority of the world's religions deem sinful.

“When you go back and re-read the oath it doesn’t give you an out. You have to do it,” he said.

He told a reporter that there “might” be “individual circumstances” that “merit some examination, but none that come immediately to mind for me.”

“I think for folks who are in the government world, they kind of have to do their job, whether you agree with the law or you don’t,” the pugnacious governor said.

Since the Supreme Court voted 5-4 to legalize homosexual “marriage” last Friday, elected officials have grappled with how to safeguard the rights of those who have deeply held religious beliefs that would not allow them to participate in such a ceremony.

Christie's response differs markedly from other GOP hopefuls' responses to the Supreme Court ruling. Mike Huckabee, for instance, has specifically said that clerks should have conscience rights. Louisiana Gov. Bobby Jindal signed an executive order granting such rights and ordered clerks to wait until a pending court case was fully adjudicated before any clerk issues a marriage license to a homosexual couple.

Christie gave up a legal appeal after a superior court judge struck down his state's voter-approved constitutional marriage protection amendment. New Jersey is the only state where such a low court overturned the will of the voters.

The decision to ignore conscience rights adds to the growing number of Christie's positions that give conservatives pause.

The natural locus of support for a Christie 2016 presidential run is the Republican's socially liberal donor class, for personal as well as political reasons. His wife works on Wall Street, and some of the GOP's high-dollar donors – including Paul Singer – have courted Christie for years.

However, this year Jeb Bush, Marco Rubio, and to a lesser degree Scott Walker have eclipsed Christie as the preferred candidates of the boardroom donors – who sometimes prefer Democrats to Republicans.

Christie also used language during a speech before the Republican Jewish Coalition last year, which concerned some major GOP donors.

Christie is reportedly spending this weekend with Mitt Romney and his family at Romney's New Hampshire home. Romney declined to enter the 2016 race himself and may be able to open his donor list to Christie's struggling campaign.

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After having a girl with Down syndrome, this couple adopted two more

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By Ben Johnson

LINO LAKE, MN, July 3, 2015 (LifeSiteNews) – For most people, having five biological children would have been enough. In fact, for many Americans, large families are treated as a scandal or a burden.

But one family made the decision, not just to have a large family, but to give a home to some of the most vulnerable children in the world: Girls born overseas with Down syndrome.

Lee and Karen Shervheim love all seven of their children, biological or otherwise. Undeterred by having twin boys – Daniel and Andrew, 18 – they had Sam four years later.

They now have three daughters who are all 11 years old. All three have Down syndrome.

And two of them are adopted.

About the time their eight-year-old son, David, was born, Lee and Karen decided to adopt a child with Down syndrome to be a companion to their daughter, Annie.

They made the further unexpected choice to adopt a child from Eastern Europe with the help of Reece's Rainbow, which helps parents adopt children with Down syndrome.

“Between my wife and I, we couldn’t get it out of our heads,” Lee told the Quad City Press. “So many children need families and we knew we could potentially do something about it.”

After originally deciding to adopt Katie, they spent six weeks in Kiev, visiting an orphanage in nearby Kharkov. While there, they decided they may have room in their heart, and their home, for another child.

When they saw a picture of Emie striking the same pose as their biological daughter in one of their photographs, they knew they would come home with two children.

Both girls were the same age as their Annie. She would not lack for companionship, as they worried.

Lee said after the Ukrainian government – finally – completed the paperwork, they returned to the United States, when the real challenges began.

“The unvarnished truth,” Lee told the Press, is that adopting the Russian-speaking special needs children “was really disruptive to our family. They came with so many issues that we had not anticipated.”

After teaching them sign language and appropriate behavior, they moved to Lino Lake, Minnesota and found a new support group in Eagle Brook Church. There they found personal assistance and spiritual solace.

Every year in the past seven years has been better and better, they say.

“I think my girls can do almost anything they want to do,” he said, “and that’s what I want to help them become.”

The family's devotion is fueled by their faith, and it informs the sense of humor Lee showed in a tweet during the 2014 midterm elections:

It takes a special person to believe in the potential of the “mentally retarded,” as they were once labeled. Today, 90 percent of all babies diagnosed with Down syndrome in the womb will be aborted. The percentage is higher in some countries. Some have even spoken of "a world without people with Down syndrome."

Their God, and their experience, tell them that every child has infinite worth and potential, Lee told local media, and he would encourage anyone to follow his footsteps and adopt a Down syndrome child – or two.

“The message is that it really doesn’t matter where you started or where you came from,” Lee said. “There are endless opportunities for everyone, whether they have disabilities or not. They deserve a shot.”

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