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Wrongly Convicted Database Record
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Charge: |
Sexual Assault (includes aggravated) |
Sentence: |
"18 months & CAN$8,000 restitution" |
Years Imprisoned: |
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Year Crime: |
2015 |
Year Convicted: |
2016 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Ontario |
City of Crime: |
Toronto |
Result: |
Judicially Exonerated |
Summary of Case: |
"Mustafa Ururyar was wrongly convicted on July 21, 2016 of raping Mandi Gray in Toronto, Ontario, Canada in January 2015. Uraryar's prosecution was based on the testimony of Gray that Ururyar, who was a Muslim, forcibly raped her, and forced her to perform oral sex. Uraryar and Gray were both students at York University in Toronto. Prior to the alleged assault they had a casual sexual relationship for two weeks that Gray wanted to end. Ururyar's defense is they had consensual "break-up sex." The case was publicized in Canada because after Ururyar was charged, Gray waived her right to a publication ban of her name under Canadian law. Following a bench trial that lasted a total of six days in the Ontario Court of Justice, Justice Marvin Zuker found Ururyar guilty in a 179-page written ruling, in which he stated that he found Gray “very credible and trustworthy,” and that Ururyar’s version of what happened that night was “a fabrication, credible never." Zuker's ruling cited 13 social science books and articles on issues that included memory fragmentation and victim response to trauma, none of which had been introduced as evidence during the trial. Zuker concluded his ruling by writing: "The myths of rape should be dispelled once and for all. We cannot perpetuate the belief that niceness cannot coexist with violence, evil or deviance, and consequently the nice guy must not be guilty of the alleged offense. Nice people supposedly don’t rape. This is not society’s image. The accused knew Ms. Gray. And if you don’t remember and when you know you don’t remember, he, Mr. Ururyar, is going to get to write the script. Ms. Gray did remember. Everything, of course not. What happened to her, yes. [524] The Crown has proven its case beyond a reasonable doubt. [525] I therefore find Mr. Ururyar guilty of the charge before the Court." [R. v. Ururyar, 2016 ONCJ 448 (CanLII)] On September 14, 2016 Justice Zuker sentenced Ururyar to 18 months in prison and payment of CAN$8,000 of Gray’s CAN$10,735 legal bill as reimbursement for the money she paid to hire a private lawyer to advise and assist her after Ururyar was charged. Ururyar appealed his conviction and the reimbursement order in his sentence, that his lawyer argued was not permitted under the section of the Criminal Code that allows for some restitution to be paid to victims of crimes. Ururyar was allowed to remain free on bail pending the outcome of his appeal. Ururyar's bail had been revoked on July 25 -- four days after his conviction -- but his bail was reinstated by a Superior Court Justice on August 3, 2016 after Ururyar had spent nine days in custody. On July 20, 2017 Ururyar's conviction was quashed and he was awarded a new trial by the Ontario Superior Court of Justice on the basis Justice Zuker independently researched and relied on "rape literature" and not just the evidence presented in court. [R. v. Ururyar, 2017 ONSC 4428 (CanLII) (7-20- 2017)] The appeals court didn't address the restitution order because it was invalidated by the order of a new trial. On December 11, 2017 it was announced that in lieu of a retrial, Ururyar had agreed to a "peace bond" that bars him from contacting Gray for a year." |
Conviction Caused By: |
"Judge relied on "rape literature" he researched, and not just evidence presented in court." |
Innocence Proved By: |
"On July 20, 2017 Ururyar's conviction was quashed and he was awarded a new trial by the Ontario Superior Court of Justice on the basis Justice Zuker independently researched and relied on "rape literature" and not just the evidence presented in court. [R. v. Ururyar, 2017 ONSC 4428 (CanLII) (7-20- 2017)] The appeals court didn't address the restitution order because it was invalidated by the order of a new trial. On December 11, 2017 it was announced that in lieu of a retrial, Ururyar had agreed to a "peace bond" that bars him from contacting Gray for a year." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Court throws out conviction, orders new trial in sex assault case, By Paola Loriggio, The Canadian Press, July 20, 2017" |
Information Location 1: |
https://www.ctvnews.ca/canada/court-throws-out-conviction-orders-new-trial-in-sex-assault-case-1.3511081 |
Information Source 2: |
"No retrial for man who had sex assault conviction overturned: complainant, By Paola Loriggio, The Canadian Press, December 12, 2017" |
Information Location 2: |
https://www.ctvnews.ca/canada/no-retrial-for-man-who-had-sex-assault-conviction-overturned-complainant-1.3717812 |
Information Source 3: |
"Mustafa Ururyar gets 18 months in jail for sexually assaulting fellow York University PhD student Mandi Gray, By Aileen Donnelly, National Post, September 14, 2016" |
Information Location 3: |
http://nationalpost.com/news/toronto/mustafa-ururyar-sentenced |
Information Source 4: |
"R. v. Ururyar, 2017 ONSC 4428 (CanLII) (7-20- 2017) (Quashing conviction and ordering a new trial.)" |
Information Location 4: |
https://www.canlii.org/en/on/onsc/doc/2017/2017onsc4428/2017onsc4428.html?searchUrlHash=AAAAAQAHVVJVUllBUgAAAAAB&resultIndex=2 |
Information Source 5: |
"R. v. Ururyar, 2016 ONCJ 448 (CanLII) (Finding Ururyar guilty.)" |
Information Location 5: |
https://www.canlii.org/en/on/oncj/doc/2016/2016oncj448/2016oncj448.html?searchUrlHash=AAAAAQAQenVrZXIgbWFuZGkgZ3JheQAAAAAB&resultIndex=1 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org