Abstract

Abstract In 1983, Canada replaced its rape law with the offense of sexual assault. The sexual assault law took the form of a multitiered offense recognizing different severities of sexual violation, incorporating sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, and aggravated sexual assault. The new classification was designed both to respect gender neutrality as required by the Canadian Charter of Rights and Freedo msand to emphasize that sexual aggression against women and other persons should be viewed as a crime of violence and domination rather than one of sexual passion. It acknowledged feminist arguments that rape is not about sex but about power. At the same time, legal reforms were introduced to help strengthen women’s equality by removing obstacles to legal enforcement of their claims to sexual security and sexual integrity. These also served to bring sexual assault law into line with broader principles of criminal law and criminal procedure. They included removal of spousal immunity, removal of any requirement for corroboration evidence, lifting of statutes of limitation, and the introduction of constraints on the use of evidence of past sexual history.

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