Sexual Assault in Canada

Sexual Assault in Canada

Law, Legal Practice and Women’s Activism

Edited by: Elizabeth A. Sheehy

836 Pages · September 29 2012

Cloth ISBN: 9780776630441

PDF ISBN: 9780776619774

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Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies.

This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Foreword: Still Punished for Being Female
-- Claire L'Heureux-Dubé
-- Elizabeth A. Sheehy

The Victories of Jane Doe
-- Elizabeth A. Sheehy
Jane Doe versus Toronto Commissioners of Police: A View from the Bar
-- Sean Dewart
New Zealand’s Jane Doe
-- Julia Tolmie
Hockey Night in Canada
-- Laura Robinson
Indigenous Women and Sexual Assault in Canada
-- Maria Campbell, Priscilla Campeau, and Tracey Lindberg
Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial, and Police Discretion in Edmondson, Kindrat and Brown
-- Lucinda Vandervort
The Supreme Court of Canada’s Betrayal of Residential School Survivors: Ignorance is No Excuse
-- Sheila McIntyre
Sexual Assault and Disabled Women Ten Years after Jane Doe
-- Fran Odette
Police Investigation of Sexual Assault Complaints: How Far Have We Come Since Jane Doe?
-- Teresa DuBois
Striking Back: The Viability of a Civil Action Against the Police for the “Wrongful Unfounding” of Reported Rapes
-- Blair Crew
Third-Wave Anti-rape Activism on Neoliberal Terrain: The Garneau Sisterhood
-- Lise Gotell
Sisterhood Will Get Ya: Anti-rape Activism and the Criminal Justice System
-- Meagan Johnston
Where Has All the Anger Gone?
-- Diana Yaros
Vitreous Fragility: Re-imagining Women through Art
-- Shary Boyle
The Jane Doe Coffee Table Book about Rape: Reflections on Rebellious Writing and Teaching
-- Gillian Calder and Rebecca Johnson

Who Benefits From the Sexual Assault Evidence Kit?
-- Jane Doe
Perpetuating – and Resisting – Rape Myths in Trial Discourse
-- Susan Ehrlich
Questioning “Expert” Knowledges
-- Sunny Marriner
Zero Tolerance Some of the Time?  Doctors and Sexual Abuse in Ontario
-- Sanda Rodgers
Judges and the Reasonable Steps Requirement: The Judicial Stance on Perpetration Against Unconscious Women
-- Elizabeth A. Sheehy
An Equality-Oriented Approach to the Admissibility of Similar Fact Evidence in Sexual Assault Prosecutions
-- David M. Tanovich
Raising the Age of Sexual Consent: The Renewing of Legalistic Moralism?
-- Julie Desrosiers
What’s in a Face? Demeanour Evidence in the Sexual Assault Context
-- Natasha Bakht
Limits of a Criminal Justice Response: Trends in Police and Court Processing of Sexual Assault
-- Holly Johnson
HIV Exposure as Assault: Progressive Development or Misplaced Focus?
-- Alison Symington
All That Glitters Is Not Gold: The False Promise of Victim Impact Statements
-- Rakhi Ruparelia
Confronting Restorative Justice in Neo-Liberal Times: Legal and Rape Narratives in Conditional Sentencing
-- Gillian Balfour and Janice Du Mont
A Feminist Remedy for Sexual Assault: A Quest for Answers
-- Constance Backhouse

-- Jane Doe