NCJ Number
186658
Journal
Intenational Journal of Offender Therapy and Comparative Criminology Volume: 44 Issue: 6 Dated: December 2000 Pages: 681-691
Editor(s)
Adrienne Palermo R.N.
Date Published
December 2000
Length
11 pages
Annotation
This article reveals cultural stereotypes about sexual assault in the judicial decision making process of the Canadian justice system.
Abstract
Cultural biases and stereotypes against victims of sexual assault are widespread among the judiciary of Canada. The recent Supreme Court of Canada’s ruling in the case of R. versus Ewanchuk confirms the fear that cultural stereotyping about sexual assault is embedded in the justice system. In this case, the Supreme Court overturned the lower court’s finding of the availability of the implied consent defense on the part of the accused. Another interesting feature of the ruling was a few justices approvingly referred to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and stated that the Canadian government should be committed to implementing the convention in the domestic legal system. Women and women’s groups must be vigilant about the lingering rape myths held by many judges in different layers of the court system. References