Questions are surfacing over a ruling from a judge that spared a convicted rapist from jail time.
Queen's Bench Justice Robert Dewar handed Kenneth Rhodes a two-year conditional sentence after he was convicted of sexual assault.
The judge said the female victim and friends sent signals through their clothing choices and flirty behaviour that "sex was in the air."
The judge added that, "These facts could conjure up that getting together with these women (that) sexual activity lay ahead."
The rape happened along a highway outside Thompson in 2006.
The victim and the accused met in a bar parking lot. The judge noted the woman was wearing a tube top, high heels and make-up, describing the circumstances at the time as inviting.
Karen Busby, a law professor at the University of Manitoba, said she is surprised by the comments made in court.
"The judge commented on how the woman were dressed, what kind of shoes they were wearing. That describes most women who go to nightclubs on a Saturday night – in Winnipeg or Thompson. And if that says ‘I'm going to have sex with you' that's a frightening message to believe it sends," said Busby.
The Crown had asked for three years behind bars for the accused in the case. The Crown said it will take some time to review the case before deciding whether or not to appeal the ruling.
The Canadian Federation of Students is planning to protest the judge's decision Friday at noon in front of the Manitoba Law Courts Building.
