Rape reform in Canada: Public knowledge and opinion

Abstract

Rape reform legislation in Canada was designed to change: 1) the way sexual assault cases were processed by the criminal justice system and 2) public opinion about crimes of sexual aggression. This article reports findings from a representative survey of the Canadian public and an experimental analysis of the effects of the legislation on public knowledge and attitudes. Results from the nation-wide survey indicated that most people are unaware of the semantic shift (from the old language of rape and indecent assault to the new crimes of sexual assault). However, there is awareness of the substantive legal changes introduced by the rape reform legislation (such as the fact that husbands are no longer immune from criminal changes involving their wives). It is clear that rape reform legislation has affected public knowledge of statutory reforms regarding crimes of sexual aggression. Results from the experimental component of this research show that the new sexual assault label has not achieved one of the important goals, namely of changing public perceptions of the nature of crimes of sexual aggression. Indeed, one negative effect predicted by feminist writers seems to have emerged: sentencing decisions made by the public for the offense of rape were less severe when the incident was described as a sexual assault.