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Read Story Transcript. An Ottawa lawyer says it's a "miscarriage of justice" that an Ontario sexual assault victim was fined for breaking a publication ban protecting her own identity. The woman at the centre of the Kitchener, Ont. The transcript the woman ed out contained a judge's reasons for convicting her ex-husband of sexually assaulting her. It also identified them both.

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The Waterloo Region Record reported that the woman's lawyer said her client believed it was OK to share the transcript with family and friends, who already knew the identities of the victim and the man charged. The newspaper said someone other than the sexual assault victim then sent the transcript to a friend of the ex-husband, and that the ex-husband contacted police.

He was the one who complained to the court that the woman violated the publication ban. The woman on Wednesday filed an appeal to overturn her conviction. She is believed to be the first sexual assault victim in the country to be convicted for such an offence, according to the Globe.

Publication bans are routinely used in sexual assault cases to protect victims from being identified. Violating them is a Criminal Code offence. The Current is not naming the woman or her ex-husband because the publication ban is still in effect.

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Identifying the man could also reveal her identity. Taman said she's shocked by the case and doesn't believe the public interest prevailed. She said it concerns her that the woman's ex-husband, who was convicted of sexually assaulting her, is the one who raised the violation of the publication ban. Taman described him as "weaponizing the justice system to further harass and victimize" his ex-wife.

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Colin Westman, a retired Ontario court judge in Kitchener-Waterloo, is also disappointed by the outcome of the case. He said it's in the public interest to have people obey publication bans, but that in this particular case, the violation does not justify a conviction and fine. Had he been the presiding judge, Westman said, he would have granted a conditional discharge. In a conditional dischargea person is found guilty but no conviction is registered, and the offender is required to meet probation conditions.

But some people agree with the judge's ruling to convict the woman for violating the publication ban. Ari Goldkind, a criminal defence lawyer in Toronto, said the justice system needed to "make an example out of this one case to deter anybody else from doing this. The courts aren't just concerned with this particular woman, he said, but with ensuring they can protect the identities of other victims who do not want their names revealed because of safety concerns.

He said that since the woman had a defence lawyer, she could have challenged the charge against her. The lawyer for the woman at the centre of the case told As It Happens that her client decided to plead guilty rather than go to trial because she was tired.

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She had just been through a "violent divorce" and a great deal of trauma, her lawyer said. Bekah D'Aoust, a sexual assault survivor who successfully petitioned to have a publication ban on her name removed insaid she was surprised by Goldkind's response. Going to trial could revictimize the woman and create a ificant financial burden for her, she said.

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I would probably have done the same thing as her [and] plead guilty," said D'Aoust. Controversy over the publication ban case comes as Ottawa is reviewing legislation that would require federally appointed judges to undergo sexual assault training. Taman said judges already receive training on sexual assault, and that while more education is always good, she has a hard time imagining what kind of training would have helped in this situation. A variety of newsletters you'll love, delivered straight to you.

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Case of sex assault victim fined for breaking publication ban divides legal community CBC Radio Loaded. But some say the justice system needed to set an example to deter others from breaking similar bans. Social Sharing. The Current Sexual assault victim fined for breaking publication ban on her own name. Read Story Transcript An Ottawa lawyer says it's a "miscarriage of justice" that an Ontario sexual assault victim was fined for breaking a publication ban protecting her own identity. As It Happens Lawyer for sex assault victim accused of breaking publication ban on her own name calls it 'the ultimate irony'.

Rise in deadly violence against women 'the horrible tip of the iceberg' in Canada: expert. Former reservist says military doctor warned her of reprisals for reporting sexual assault. To stop violence against Inuit women, 'we need to heal generations,' says survivor. More from this episode Sister of N.

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