The Rape Myth Embedded Within Society Preventing Women From Gaining Justice Within The Legal System Essay

​In conclusion, this article is an eye-opening one that does not necessarily paint Canada’s justice system in a great light. Razack shows through the use of examples how Aboriginal people are treated differently and perceived to be lower than whites on the hierarchy of society, and how this lead to the lack of justice in the murder of Pamela George. It is disheartening to think that simply because she was an Aboriginal and a prostitute that her life is considered less important than those of her (white) murderers, but this is the light that Razack brings to the argument, and she does so

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

“Girl Unprotected” by author, and sports editor Laura Robinson; argues that if one looks at the culture of hockey, then one can see the way in which it appropriates the “hockey myth.” Throughout her essay, Robinson analyzes the case of David Frost, a hockey coach, who in 2004, was accused and on trial for sexual abuse; in order to demonstrate her argument. Robinson begins her argument by suggesting that hockey is a highly gendered culture, in which a great deal of pressure is given to women. Opportunities for girls to succeed in hockey are subordinate to boys in most small Canadian towns. The role for women in hockey is to be an object used to label the male hockey players.

“Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.”

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

Kim Campbell introduced Bill C-49 that stated that when in a rape trial, the witness can not be cross-examined while testifying. This bill was an important implication that protects the victim's past sexual history into the trial. This bill was an important implication that has helped many people in Canada. Without this bill, it would make rape victim’s court cases even harder to win and get the justice they deserve.

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.

Any involuntary, unwelcome, and nonconsensual sexual interaction or activity, including touching, kissing, and any type of sexual intercourse would be defined as sexual assault. It is not likely for one to be aware of the law governing sexual assault, until one is placed in a position that requires knowledge of it. (Constance Backhouse, 2016). Rape myths and stereotypes in the Canadian Court system and legislature will be ascertained in the following paper. First, rape myths will be discussed, moreover, it will be shown that regardless of the fluctuations in the Canadian law, sexual assault rates remain high, reporting and conviction rates remain low, and rape myths continue to operate. These rape myths are existing in Canadian universities and in the Canadian Court Houses. Many social constructions that are present in the Ewanchuk case are a result outcome because of the judiciary system and the university system. Furthermore, the rape myth and stereotypes in law and universities can relate to the social constructions of gender, race, masculinity/femininity, and heterosexuality. In this essay the focus will be directed to the Supreme Court of Canada’s decision in R. v. Ewanchuk case, [199] 1 S.C.R. 330, and argue how the rape myths then are still present in today’s society despite feminist attempts to amend criminal laws to be more unbiased in resolving conflicts.

In a 1991 court case, a woman accused a man by the name of William Kennedy Smith of raping her. When being questioned about the incident, Smith stated that she was wearing underwear from Victoria’s Secret. The case was then acquitted. Smith made this point because the Victoria’s Secret brand promises that if women wear their lingerie then they are irresistible. This goes to show that men just see women for what they wear and can say that the woman was asking for it. In another court case in 1990 a male Canadian judge accused a three year old girl of being sexually aggressive and set her molester free and back to his job as a babysitter (503-04) This further proves the point that women, even little girls, are the ones held responsible for the actions people do to

Victims often complain about not having enough information about their case and confusion regarding what rights they are entitled to (McDonald & Grossman, 2014, p. 10). The reason victims feel this way is because they do not know how to access the programs set in place for them. Proper measures should be taken to allow clear communication between the Crown, victim, and lawyers. For instance, Mandi Gray, a sexual assault survivor, demanded eight thousand dollars in restitution money so she could hire a lawyer because she felt defenseless during the trial. Whereas, the national criminal lawyers’ association were not in favor of the offender paying such amount and argued that adequate support services are already available for victims (McGillivray, 2017). Incidences like these are likely to paint a negative picture of victim status in Canadian Justice System and decrease the number of victims accessing these resources. Moreover, it shows interest towards being more concerned about protecting the rights of an offender, rather than the victim who has been wronged. Also, if the information regarding these programs is easily available, it will likely increase the rate of victims making use of them. Therefore, to eliminate future issues like these, support services should expand their options available for victims and more counseling services should be provided to explain victims their rights beforehand. Information is the key towards getting rid of any confusion and suspicions regarding the fairness of the judicial

Not only do Indigenous women face more frequent incidence of violence, the violence is also much more severe. A recent Statistics Canada report suggests that the national homicide rate for Indigenous women is at least seven times higher than for non-Indigenous women. British Columbia accounts for 160 of the cases Native Woman Association of Canada documented by March 2010, more than a quarter of the total, of which 63 percent are murder cases. With 49 percent of its murder cases unsolved, British Columbia has the highest percentage of unsolved murders of Aboriginal women and girls in Canada. (Golosky, 2013). As a result, there is a great deal of fear within the Aboriginal community. The problem haunts Aboriginal communities across the country because policy-makers have not made the changes necessary to deal with the epidemic of violence against Aboriginal women. In Saskatchewan alone, some 61 Aboriginal women and girls were counted as missing or murdered as of 2010. (Golosky, 2013) “For many Regina women, the murder of Pamela George in the late 1990s was a turning point in addressing racism and sexism. George, a 28-year-old mother of two, was sexually assaulted and beaten to death by two university students. During the trial, the judge referred to George as “only a prostitute.” (Leddy, L.2016).The two

One of Canada's foremost contemporary writers, Margaret Atwood is an internationally renowned poet, literary critic, novelist, humanitarian and political activist. Born in Ottawa, Ontario, in 1939, she spent most of her childhood in the Canadian wilderness. She has won praise and acclaim for her ability to incorporate humor, biting wit, irony and symbolism into her writing style. Her themes usually depict the very nature of human behavior and issues of power between men and women as it relates to society ("The Writer." New York Times). Her very first novel, The Edible Women, published in 1970, explored issues of oppression, self-identity and power, as it relates to the broader social content of contemporary urban life and the sexual

My commentary piece talks about the systemic prevalence of sexualized violence plaguing post-secondary campuses within British Columbia. Specifically, I offer a critique of Bill 23: Sexual Violence and Misconduct Policy Act and its intended impact on sexual violence on campus. Sexual assaults on campus is an issue gaining more and more attention throughout Canada, especially after the pervasive mistreatment of sexual harassment and assault cases by universities. The normalization around the rape

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.

Most people would agree that as you grow up you learn by seeing, feeling ,touching , smelling, and hearing . Albert Bandura supports this by a theory he created called the Social Learning Theory (McLeod, 2011). Social Learning Theory is a theory that explains that behavior is learned by your social environment, interactions and observations of others. With this theory I would say it supports opinion in which I would say that rape is not something somebody just decides one day to do. I believe that rape is learned throughout time. There are many social and even media factors that sometimes may come off with the intention that rape is acceptable. In some media factors they may even perceive that being forcibly raped is pleasurable. Movies tend to do it often and sometimes movies don 't realize that what people see on television can sometimes influence people to see these acts as a norm. For instance the fact that a college kid is in a frat and he 's in a party there is a good percentage that he would reenact what television had stereotype frats boys to do. Television would label the frat boys as potential rapist and the human mind would consider that when you take on that role as a frat boy. One of the biggest media factors all the way from television to the internet that for so many years that perceive rape as acceptable is pornography.