Family Violence - Women as Offenders or Victims (From Female Offender, P 69-80, 1980, by Curt T Griffiths and Margit Nance - See NCJ-70360)

• NCJ Number: 70364
• Author(s): H Harris
• Date Published: 1980
• Length: 12 pages
• Corporate Author: Simon Fraser University
• Sale Source: Simon Fraser University
• Language: English
• Country: Canada

Annotation

Canadian legal aspects of child abuse, child abduction by a parent, and interspousal violence are reviewed.

Abstract

Canadian child abuse laws are in the Juvenile Delinquents Act, provincial child welfare laws, and the Canadian criminal code. The criminal code contains no specific provisions regarding child abuse. General offenses, such as criminal negligence causing bodily harm or death, murder, manslaughter, intent to wound, the administration of any noxious thing, and assault, must be applied to child abuse. Certain provinces have recently enacted child welfare laws that require certain parties to report suspected child abuse and specifically prohibit child abuse by persons who have the care of the child. There is also activity to amend the Evidence Act, which currently provides that the spouse of an accused is neither a competent nor compellable witness for the prosecution. The amendment would provide that the spouse of a person accused of violence against a victim under the age of 14 is required to provide evidence if he/she witnessed the act. Current criminal law makes it an indictable offense for anyone, including a parent, to abduct a child under the age of 14; however, a defense is allowed if the abductor claims in good faith a right to possession of the child. The Law Reform Commission has recommended that extra-criminal methods be developed to deal with child abductions involving parents. Two remedies are currently available in the criminal code for the victim of spousal violence. A battered spouse may bring a formal charge of assault and seek a conviction or may pursue a less formal summary remedy of obtaining a peace bond against the husband. Provincial remedies normally relate to the ability of the spouse to seek an order permitting the victim to reside in the matrimonial home after the violent spouse has been expelled. Under existing law, rape is not possible within a marriage; however, there has been considerable discussion about defining and legislatively proscribing rape in the marriage context. References are not provided. For related documents, see NCJ 70361-63 and 70365-77.