Rape In Canada

in themselves cannot harm the interest of the individual . The provisions on rape were, e.g. recast as "sexual assault". In Canada, a reform of this type was introduced, stating that "the very use of the word" rape "imposes a deep moral stigma on the victims and expresses an essentially irrational folklore about them" .The term "sexual assault" was perceived as not being imbued with the same level of stigma. One could say that the word "rape" is also linked to some stereotyped notions, for example that rape is an attack by a stranger and that the use of harsh physical force is a necessary element, which makes the court more reluctant to convict the accused . Many jurisdictions have now reconsidered the recasting of rape in terms of sexual

The Black’s law dictionary on the other hand define rape as the unlawful carnal knowledge of a woman by a man forcibly and against her will

There is also a broad definition of rape by dictionary.com. As per this dictionary, rape means Unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

Legal definition

Even though rape is a serious offense punishable by law, there is no consensus regarding the precise definition of this crime. The Legal definitions of rape vary from state to state and from time to time. The existence of Conflicting understandings of what constitutes “rape” shows the difficulties to find common definition of rape.

English law defines rape as the intentional penetration of penis to a vagina, anus or mouth of another person without consent.

The Justice department of United States define Rape as "Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the

These efforts have been very fragmented and mainly carried out by regional human rights tribunals, as well as by special tribunals adjudicating international criminal law. As a result, several definitions have been developed through judicial decisions, providing both substance and specificity to the generally worded statutes or treaties . However, there was concern that the process of defining crime on an ad hoc basis, particularly in international criminal law, undermines the principle of legality by failing to ensure the level of predictability required. Although judges are allowed to interpret crimes, the question is whether the courts have crossed the line of interpretation and created new crimes.Applying different definitions of the crime of rape in the same court results lack of consistency. However, it should be made clear that the principle of legality is generally not as strict under international law as under national criminal law