NCJ Number
60896
Date Published
1976
Length
17 pages
Annotation
THE PERSON PAPERS, A CANADIAN PUBLICATION OF THE ADVISORY COUNCIL ON THE STATUS OF WOMEN, CRITICIZES PRESENT RAPE AND SEXUAL ASSAULT LAWS AND RECOMMENDS CHANGES FOR NEW SEXUAL OFFENSE LEGISLATION.
Abstract
THE ADVISORY COUNCIL ARGUES THAT PRESENT RAPE LAWS ARE BASED ON MYTHS, RATHER THAN CURRENT SOCIAL REALITIES. THESE MYTHS INCLUDE THE IDEA OF WOMEN'S WILLINGNESS TO BE RAPED, OR TO PROVOKE RAPE, AND THE CONCEPT OF WOMEN AS PROPERTY. THE COUNCIL ALSO ARGUES THAT RECENT CHANGES EMBODIED IN THE 1976 AMENDMENTS TO THE CRIMINAL CODE OF CANADA DO NOT GO FAR ENOUGH IN CHANGING BAD LAWS AND ARE UNLIKELY TO INCREASE RAPE CONVICTIONS SIGNIFICANTLY. COUNCIL RECOMMENDATIONS FOR CHANGES IN THE CRIMINAL CODE ARE INTENDED TO REFLECT CURRENT VALUES IN CANADIAN SOCIETY THAT BOTH SEXES ARE EQUAL BEFORE THE LAW AND THAT ALL PEOPLE HAVE THE RIGHT TO CONTROL THEIR OWN BODIES. SOME OF THE MAIN RECOMMENDATIONS ARE: (1) LAWS SHOULD APPLY TO ALL, REGARDLESS OF AGE, SEX, MARITAL STATUS, OR PREVIOUS SEXUAL CONDUCT, WITH PARTICULAR ATTENTION GIVEN TO WOMEN UNDER 14; (2) LAWS SHOULD PROVIDE FOR FOUR DEGREES OF SEXUAL ASSAULT WHICH INCLUDE EITHER SEXUAL PENETRATION OR CONTACT AND WHICH TAKE INTO ACCOUNT THE DEGREE OF VIOLENCE ACCOMPANYING THE ASSAULT; (3) SEXUAL EDUCATION SHOULD BE INCLUDED IN THE PUBLIC SCHOOL CURRICULUM AND SHOULD INCLUDE AWARENESS OF THE LEGAL RIGHTS AND RESPONSIBILITIES SURROUNDING SEXUAL BEHAVIOR; (4) PERSONNEL INVOLVED IN EITHER PROSECUTION OR TREATMENT OF RAPE VICTIMS SHOULD HAVE SPECIAL TRAINING; (5) ACCUSED PERSONS AS WELL AS RAPE VICTIMS SHOULD BE GIVEN CROSS-EXAMINATION OF PAST SEXUAL CONDUCT; (6) REASONS SHOULD BE GIVEN WHEN THE JUDGE MAKES AN ORDER TO EXCLUDE THE PUBLIC, NOT WHEN THE EXCLUSION IS DENIED; AND (7) VICTIMS MUST BE ADVISED OF EXISTING COMPENSATION PROVISIONS AND FEDERALLY-FUNDED LIFE CRISIS CENTERS SHOULD BE PROVIDED. (AOP)