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Karen Busby said the remarks by Justice Robert Dewar are a legal throwback to the time when how a woman dressed or acted could be treated as implied consent to sex.

During the sentencing, Dewar also commented on the way the woman was dressed and her actions the night she was forced to have sex in the woods along a dark highway outside Thompson in 2006.The man and a friend met the 26-year-old woman and her girlfriend earlier that night outside a bar under what the judge called "inviting circumstances." He pointed out the victim and her friend were dressed in tube tops, no bras, and high heels and noted they were wearing plenty of makeup.Dewar called the man a "clumsy Don Juan" who may have misunderstood what the victim wanted.Stop stalking her, come watch her in this or other scene! Jim Slip’s buddy here to share an incredible update with you all."This is a case of misunderstood signals and inconsiderate behaviour," he said.

Busby said laws regarding consent may have changed but some attitudes have not. But we can see that it hasn't changed for some," she added, saying the decision makes her sick to her stomach.

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The Crown had sought a prison sentence of at least three years.

The sentence was delivered last week in Thompson, Man.

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