NCJ Number
64022
Journal
Deviance et societe Volume: 3 Issue: 1 Dated: (MARCH 1979) Pages: 83-88
Date Published
1979
Length
6 pages
Annotation
SEVERAL SUGGESTIONS FOR IMPROVING CANADIAN RAPE LEGISLATION ARE REPORTED AND CRITICALLY EVALUATED.
Abstract
ACCORDING TO THE PRESENT CANADIAN CRIMINAL CODE, RAPE IS THE ONLY OFFENSE WHICH CAN ONLY BE COMMITTED BY MALE OFFENDERS AND IN WHICH THE VICTIM MUST PROVE THAT SHE RESISTED THE ATTACKER OR ONLY CONSENTED UNDER THREAT. IN ORDER TO REDUCE THE VICTIM'S PAIN AND EMBARRASSMENT, THE CANADIAN PARLIAMENT IS PRESENTLY DEBATING LAW C-52 WHICH, AMONG OTHER ITEMS, CONTAINS A REDEFINITION OF THE CRIMINAL CONCEPT OF RAPE. RAPE IS NOW CONSIDERED A 'VIOLATION OF DECENCY' WHICH CAN BE COMMITTED BY BOTH SEXES AND ALSO APPLIES TO SEPARATE MARRIAGE PARTNERS. THE COMMITTEE FOR CANADIAN LEGAL REFORM SUGGESTS A DEFINITION WHICH GOES EVEN FURTHER, STATING THAT SEXUAL ASSAULT SHOULD INCLUDE ALL NONACCIDENTAL CONTACT WITH THE VICTIM'S SEXUAL ORGANS, EMPHASIZING THE AGGRESSIVE ASPECTS OF THE OFFENSE, AND ATTEMPTING TO AVOID THE MORAL STIGMATIZATION OF THE VICTIM IMPLIED IN SUCH TERMS AS 'DECENCY.' FEMALE ACTIVISTS HAVE BEEN ACTIVELY ENGAGED IN THE DEBATE. A SOLUTION BY A WOMAN LAWYER FROM MONTREAL CRITICIZES BOTH NEW LEGISLATIVE SOLUTIONS FOR THEIR HALF-HEARTEDNESS AND FOR GIVING MORE RIGHTS TO SEPARATED WOMEN (FOR THEM RAPE THROUGH THE ESTRANGED HUSBAND IS A CRIMINAL OFFENSE) THAN TO MARRIED WOMEN. THE TERMS 'VIOLATION OF DECENCY' OR EVEN 'SEXUAL ASSAULT' OUGHT TO BE ABANDONED ALTOGETHER TO AVOID THE STIGMATIZATION OF THE VICTIM AND ENCOURAGE THE REPORTING OF THE OFFENSE. INSTEAD, AS VIOLATIONS OF A PERSON'S LIBERTY AND PERSONAL INTEGRITY, RAPE AND ALL OTHER SEXUAL OFFENSES SHOULD BE TREATED SIMPLY AS ASSAULTS. THE ARTICLE CONTAINS FOOTNOTES. --IN FRENCH. (SAJ)