Canadian Judge Who Told Alleged Rape Victim to 'Keep Your Knees Together' Could Be Removed

An Alberta judge who has been publicly shamed for telling a sexual assault complainant to keep her knees closed, and that she should have tried harder to avoid penetration, will face an inquiry by his peers that could result in his permanent removal.

The Canadian Judicial Council will hold the inquiry into Justice Robin Camp at the request of the Attorney General of Alberta, Kathleen Ganley, who wrote a pointed letter detailing the "discredited stereotypes and myths" that formed part of his reasoning when he acquitted a man of sexually assaulting a 19-year-old woman in 2014.

Those now widely reported comments include, in questioning the complainant, "why didn't you just sink your bottom down into the basin," and "why couldn't you just keep your knees together". Camp reasoned, in his decision, that "if she skews her pelvis slightly she could avoid him" and at one point said that "sex and pain sometimes go together … that's not necessarily a bad thing."

Ganley wrote that Camp's conduct "was so manifestly and profoundly destructive of the concept of impartiality, integrity and independence of the judicial role that public confidence has been sufficiently undermined to render Justice Camp incapable of executing his judicial office.''

She went on to say that "it would be truly unfortunate if [the circulation of his comments] has a chilling effect on victims of sexual abuse, making them hesitant to come forward.''

Three legal academics had already filed a complaint about Camp's decision, which caused a firestorm in the Canadian media last year when it was publicized.

The verdict was later overturned on appeal and a new trial has been ordered. The Federal Court has ordered Camp to no longer hear cases until further notice.

The inquiry committee will decide whether to recommend the removal of the judge from office. Council will then make a recommendation to the Minister of Justice of Canada. Under Canada's Constitution, a judge may only be removed from office by Joint resolution of Parliament.

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