Term Paper Proposal: Implementation of Sexual Assault Legislation
The nature of a legislation or policy that exist within a country, as well as how it is regulated, attests to a state’s priorities and the treatment of their citizens. These legislations are often used not only to maintain order, but to combat a wide variety of societal and political issues. One prevalent issue that exists today is that surrounding rape and other sexual assaults. In 2015, there were approximately 21,500 police-reported sexual assaults within Canada (Statistics Canada, 2015). Conversely, fewer than 1 in 10 incidents of sexual assault are reported to the police— making it the least reported violent offence (Statistics Canada, 2007). These findings may raise a plethora of questions and concerns on the attitudes towards reporting sexual assaults and the measures to do so. In Canada, laws against sexual aggression are mandated by the federal government and can be found in the Criminal Code. Beyond this legislation itself it is also important to analyse its implementation. Understanding how this legislation is enforced can help to create an open discussion on its level of efficiency in protecting and improving the quality of life.
HISTORY AND REDEFINITION
To further understand the policing of sexual assault it is important to first look at the laws regarding the offence. Rape as an offence has an extensive history within Canadian legislations and has changed drastically over the years. Originally,
More specifically, in the case of sexual assault, this approach focusses on the changes in the labour force (gender based) and conflicts between genders over the acceptability and criminalization of sexualized violence as the starting point of explanation. One such concept is marxist-feminism, as a form conflict theory. According to this theory, the incidence of sexual assault in Canada is a result of the power imbalance between men and women, in which women are expected to assume a subordinate relationship to men in our capitalist society. Consequently, sexual assault can be seen as a logical extension of the typical interactions between women and men in which women are made dependent on men for economic production. Women's vulnerability to sexual assault is a result of their subordinate relationship to men. The set of beliefs and attitudes that divide people into classes by sex and justify one sex's superiority is called sexism. There are a number of sexist dictates that serve to maintain this subordinate relationship. The first tenet concerns women's status in society: women occupy a relatively powerless position in society and are the recipients of fewer advantages and privileges (economic). Men's benefits are built into a patriarchal system which begin in a basis of economics and branch out to other aspects of social life from there. Secondly, sexual assault is as a means of control over women: assault plays a role in
Every two minutes a woman is sexually assaulted in the United States (FBI, 2003). According to the Federal Bureau of Investigation, sexual assault is the most under-reported violent crime in the United States. In 2005, the Armed Forces received 2,374 reports of alleged cases of sexual assault involving its members. Of these figures, the Air Force received 584 reports. That is an increase of 28 percent over the past year (DoD, 2005). The Air Force is concerned with the safety, dignity, and well-being of all its members. The Air Force does not tolerate sexual assault and has implemented a comprehensive policy that reinforces prevention, response, and accountability.
Sexual assault is one of the most challenging issues that must be dealt with within the Canadian legal system. Sexual assault is defined as sexual activity inflicted upon someone without their given consent. In order for a sexual assault to be eligible for that title, a person committing sexual acts must continue to engage without the consent of the other person. Sexual assault is also heavily related to the rape myths that exist within society and these are the decisive factors when resolving a sexual assault case. These rape myths generally target the victim of sexual assault blaming them for the actions that occurred. The first case involving consent and rape myths to ever reach the Supreme Court of Canada to be resolved is the case of
Last week, the White House released a short, celebrity packed, 60-second public service announcement (PSA) on the topic of sexual assault. 1 is 2 Many addressed those who are in control of preventing sexual assault as its intended audience was those who can put a stop to sexual violence: the perpetrators or would-be offenders. Although this one minute announcement completed the task of bringing sexual assault to the forefront of discussion, it failed to encompass the central issues concerning the culture of sexual assault: societal misperceptions, the victims, and the justice system. Sexual assault is a phenomenon that has been around for centuries; the culture of sexual assault is rooted in both legal practices and societal perceptions.
Sexual Assault described in technical terms is defined as any sort of sexual activity between two or more people in which one of the people involved is involved against his or her will. (3) The description of "against his or her will" extends to varying degrees of aggression, ranging from indirect pressure to a direct physical attack. While sexual assaults are associated with the crime of rape, it may cover assaults which would not be considered rape. What constitutes a sexual assault is determined by the laws of the jurisdiction where the assault takes place, which vary considerably, and are influenced by local social and cultural attitudes. Every year, an estimated 300,000 women are raped and 3.7 million are confronted with unwanted
In the United States every two minutes there is someone that is sexually assaulted. In the state of Texas, every 2 in 5 women and every 1 in 5 men have been sexually assaulted. According to TAASA.org, it is reported that “6.3 million Texans have experienced some form of sexual assault in their lifetime.” In 2011, Senate Bill 1636 was passed in Texas where it was required for rape kits to be sent to labs within 30 days. Before Senate Bill 1636, there was no law in the state of Texas that required kits to to be tested within a certain time frame. When bill 1636 was passed it was also required that there be a count on the backlog of rape kits, and it was found that there were 20,000 kits that had not been tested. After seeing that there was a
Sexual assault is a major global issue; sexual deviance such as sexual assault definitely needs a lot of social attention from many different societies across the globe (Nelson, 2007, p. 7). It is a very serious problem that needs to be continuously addressed, through research, government programs, and new fundamental treatment possibilities. As a matter of fact, it is continuing to spread rapidly with a percentage of 25% of women and 15% of men in the United States have been affected by sexual assault (Nelson, 2007, p. 7). Due to rapid growth, public awareness should be made about the different types of sex offenders. The public should be aware of their distinct characteristics and possible treatment options. Public awareness is extremely important; it allows us to know the many different kinds of people that are in this world. Different kinds of people, including sex offenders, it’s important to know what measures one would have to take and the different possible options when faced with such issues (Nelson, 2007, p. 7).
Anything from unwanted touching in a sexual manner to non-consensual sexual intercourse is classified as sexual assault in Canada. Male survivors of sexual assault frequently face unsympathetic attitudes after choosing to report the criminal offence. Unfortunately, despite the similar chances of sexual assault amongst both males and females during their teenage years, with 20% for males and 25% for females, there are fewer researches conducted on male sexual assault in Canada (Statistics Canada 2015). A large proportion (16%) of male victims are sexually assaulted in an institutional setting, which is over two and a half times greater than the percentage of females in the same location (Brennan 2008). The UCR2 (Uniform Crime Reporting Survey)
Assault laws have changed over the many years and will continue to do so later on. Laws treating and preventing sexual assault, domestic abuse and child abuse will increase and become more powerful than they are today. It has become easier and much faster to report someone of psychical assault than ever before, but how come not the same for sexual assault? Most sexual assault cases do not made it to trial, either they’ve been dropped or not seen as big enough to meet proper proceedings. Even though sexual assaults are much more frequent that simple assault, someone is being sexually assaulted in Canada right now as you are reading this. However, due to the work of many people today, protesting and informing others to stand up for their rights
The topic of sexual assault has always been a tough subject to discuss because it is a heinous crime that can and has happened to men, women, young and old. It is a topic that is disturbing and heart wrenching, especially when involving children. In the past few years, our media outlets have captured the images and stories on sexual assault, focusing mainly on College Institutions and how sexual assault cases have been handled within those institutions. Sexual assault is a very important topic to discuss, since this can happen to anyone you know, man or woman, adult or child, or yourself. This paper will touch on the different types of sexual assault, stigma of sexual assault, treatment of sexual assault, and understanding the perpetrator. There will be a brief discussion of the current social issue of college campus sexual assault. Sexual assault is such a wide topic with many areas to discuss, but this paper will outline the basic understanding of sexual assault and what can be done to overcome this stigma of sexual assault and how we can help the victims/survivors.
I choose this topic because sexual assault is one of the most offensive crimes committed in our society. Not only is it a threat to the community, but it has a physically and psychologically effect on the victim in many ways. For the last couple of decades, sexual assault, rape, and child molestation has become the focal point of public concerns today. According to a 1993 National Crime Victimization Survey conducted by the U.S. Department of Justice, about 500,000 rapes or sexual assaults occur each year (Statistics, March 2010). The Department of Justice states that, “rape crimes have risen nearly three times as fast as the total crime rate”, although other studies have shown statistics that are in
Victims of crime, particularly those violent in nature, have their rights violated and experience exceedingly high level of trauma and stress (Appendix B, 2015). It is surprising then, that Criminal Justice Systems (CJS) around the world forgo many victims’ rights and provided limited space for them to interact with the system (Sarre, 1999). Rather systems are built around balancing the rights of offenders against the greater safety and need of the community whilst neglecting individual justice needs of the victims (Sarre, 1999). With limited rights and minimal involvement a victim often becomes a disposable utensil to the CJS (Clark, 2010). They are used by the courts to determine the ultimate truth so justice may be served, with no care for the damage that may be caused in the process and then disposed of the case is concluded (Braun, 2014). In 2011-2012 a victimisation survey revealed that 1.2 million Australians were victims of personal crimes, such as assault, robbery and sexual assault (Australian Institution of Criminology, 2013). Of these victims, only half of the crimes were reported to the police (Australian Institution of Criminology, 2013). Such low reporting rates have been contributed in part to this notion of imbalance offender VS victims’ rights (Braun, 2014). Due to the sensitive nature of sexual crimes, the limited available evidence and victim rights, these crimes tend to carry the lowest reporting rates (Braun, 2014). During the latest Australian
Women, girls, men, and boys are vulnerable victims of sexual assaults every day in our country. While females experience much higher rates of sexual assaults than males. The problem that this country faces is the lack of being able to track rapist, in addition to the victims that chose not to report their assault of being raped to the police. Issues of under reporting comes from the victims with multiple reasons that hinders them from reporting these heinous criminal acts. Thus, the sad realization is that the perpetrator is usually some one that you know, that you would of never of thought that they could and would, and do sexually assault you.
National Institute of Justice: Rape and Sexual Violence: A brief overview of rape, sexual violence, and what victims can do to stay informed about their legal options.
Sexual assault and rape are on-going issues plaguing college campuses all across the nation. In part, I believe this is due to a lack of education on what sexual assault actually is. All too often, victims are leaving these situations feeling confused about something that they will forever deem "a weird night". It often isn't until much later that they realize what happened to them was a violation of their body and of their rights.