skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64022 Find in a Library
Title: RAPE IN CANADA - A RENEWED DEBATE
Journal: DEVIANCE ET SOCIETE  Volume:3  Issue:1  Dated:(MARCH 1979)  Pages:83-88
Author(s): R C CARRIERE; C LAMONTAGNE
Corporate Author: Editions Medicine et Hygiene
Switzerland
Date Published: 1979
Page Count: 6
Sponsoring Agency: Editions Medicine et Hygiene
1211 Geneva 4, Switzerland
Format: Article
Language: French
Country: Switzerland
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)
Index Term(s): Canada; Law reform; Laws and Statutes; Rape; Sex offenses; Sexual assault victims; Women's rights
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64022

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.