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NCJ Number: 151213 Find in a Library
Title: Confronting Sexual Assault: A Decade of Legal and Social Change
Editor(s): J V Roberts; R M Mohr
Date Published: 1994
Page Count: 355
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Publication Number: ISBN 0-8020-6868-5
Sale Source: University of Toronto Press
Marketing Manager
10 St. Mary Street
Suite 700
Toronto, Ontario M4Y 2W8,
Type: Legislation/Policy Analysis
Language: English
Country: Canada
Annotation: These essays examine the power that legislative reform has to structure society's understanding of and response to crimes of sexual aggression.
Abstract: In 1983, reform legislation was introduced in Canada to change the treatment of victims of sexual assault and the processing of cases in court. This legislation, however, was only the beginning of reform. These essays explore the origins of the 1983 legislation, recent national trends in criminal justice statistics that relate to sexual assault, cultural bias, alternatives to sentencing, and the provision of civil compensation for sexual assault victims. Essays also analyze how cases are processed, how judges have constructed sexual assault, and how the level of harm caused is determined. The concluding chapters address the struggle between the courts and Parliament in determining the admissibility of sexual history evidence (before and after the "Seaboyer" decision) and the consultation process that contributed to the 1992 legislative changes. Several common themes emerge from the essays. One is that statutory revisions can effect changes in the behavior of criminal justice personnel only to a limited extent. Another is the need for explicit guidance in, and perhaps limits on, the exercise of discretion by these personnel in their handling of sexual assault cases. Finally, the essays make it clear that the issue of criminal sexual aggression can be understood and countered effectively only through an integrated approach that incorporates both sociological and legal perspectives. Appended bibliography (1977-1991) and the legal text of rape shield legislation
Main Term(s): Sexual assault victims
Index Term(s): Court procedures; Foreign laws; Rape law reform
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