Since the second wave of feminism in the 1960’s women have demanded for equality rights. The R V. Ewanchuck case created many disagreement’s with feminists on the topic of rape myths. It has not only been seen as a precedent for the criminal law but as well an eye opener for the society to create awareness for this act. Since society continues to support most rape myths, it overlooks the act itself and puts the blame and responsibility on the victim as opposed to the perpetrator. This has created a rape culture within society. The term rape culture was created to demonstrate the ways in which victims were blamed for sexual assault, and how male sexual violence was normalized. Feminists are exploring the world of rape myths in Canadian law …show more content…
v. Ewanchuck case occurred on June 2, 1994 and was about a seventeen year old woman being sexually assaulted when she was being interviewed for a job. While waking in a shopping mall parking lot, a young female and her were friend were approached from a man who needed some workers to help with his wood-working business. After the lady agreeing, Ewanchuck brought the lady into his van in which she was sexually assaulted several times. Ewanchuck did not take no for an answer, and kept proceeding after she kept saying no. Ewanchuck 's defence to this was that it was implied consent in which was he was acquitted by John Mcclung who was his lawyer. This case started a heated discussion with John McClung and Claire L 'Heureux- Dube, who were the lawyers presented in the case. John Mcclung brought a negative attitude towards the case, attacking the victim’s character. McClung stated "Ewanchuck’s behavior was less criminal than hormonal" (R. V Ewanchuck 214). The Supreme Court of Canada later reversed the decision of acquitting the case and made a conviction stating that “no means no”. With implied consent being the main theme in this case, it brought up precedent for future cases. This case was seen as a basis for how rape myths are discovered and how stereotyping falls into play when it comes to the Canadian law. In result of the Ewanchuck case there have been series of rape myths introduced. The main rape myth used is the same one that was used in the …show more content…
Women of color are treated differently; law does not function as a social mediator between relationships of all people. The focus is on women of colour and how non-white communities are considered inherently violent. By such stereotypes, rape myths create a belief that certain races are more dangerous than others, creating fear based on the social construction of society. Using the ``Slut Walk`` article as an example: women have argued ``it is different for a white middle class women to wear something slutty and march in a parade than a women of colour.`` Due to the social construction black woman are more likely to have their characters stereotype and are seen more promiscuous compared to white woman. (Julie Dowsett Lecture).Stereotyping has even gone so far where a police official made a comment about York university students, referring to the females saying “they should not dress like a slut” to reduce assault (Slutwalk 249). Such rape myths put women on the line, claiming that it is their fault for getting sexually assaulted because they provoke men. “Such stereotypical assumptions find their roots in many cultures, including our own. They no longer, however, find a place in Canadian law” (R. v. Ewanchuck
Rape is a hidden epidemic that affects many lives world wide. It is a problem that is so terrifying and uncomfortable that people do not talk about it. John Krakauer, author of Missoula, focuses on this issue of rape in the college town of Missoula, Montana. His focus is specifically on the case of Allison Huguet and Beau Donaldson. As the progression of Allison 's case continues we learn of more and more rape cases that happened to women on this same campus. A majority of women do not report these cases, we later learn as Krakauer continues through Allison 's case, because reporting and pursuing the case would be giving their life away. [4] Of course Allison decides to go through the trails of Beau Donaldson, however it is obvious that it is extremely difficult to convict someone with little evidence. As hard of a read as Missoula
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
Schneider L, Mori L, Lambert P, Wong A. The Role of Gender and Ethnicity in Perceptions of Rape and Its Aftereffects. Sex Roles [serial on the Internet]. (2009, Mar), [cited March 16, 2014]; 60(5/6): 410-421. Available from: SocINDEX with Full Text.
I found myself thinking sociologically when I realized that equality in Canada is less practiced as what the Canadian Constitution Act of 1982 claims. In this constitution, it is stated that every individual should be treated equally regardless of their race, ethnicity, colour, religion, sex, age, and any disability; however, in reality, individuals experience inequality in the form of racism throughout the Canadian society. For instance, a few months ago, a black male was asked to leave the St. Laurent shopping centre by the mall securities as the position of his pants were viewed as not family-friendly but this type of fashion is normal for teenagers who are influenced by the hip-hop culture. As the man did not want to cause any trouble, he obeyed the securities but as he was escorted, the securities used unnecessary forces which caused scars and bruises to the individual. Furthermore, the black male was arrested and detained for 3 hours, then fined $65 by the Ottawa Police, and banned from the mall for 5 years. One witness stated that this was a case of racial profiling as she saw that the mall securities had no reason to assault the individual. Although many deny the existence of racism in the Canadian society, this type of inequality still largely exists. To further analyze this topic, articles written by various scholars on racial profiling in the criminal justice system and racism in the workplace in Canada will be compared and contrasted. Moreover, various sociological concepts learned from the class will be applied to explain racism. In addition, the Symbolic interactionist and Conflict perspectives will be compared and contrasted to have a better understanding of racism.
One of the most horrible things that has erupted from the subjugation of women is rape culture. Rape culture is the downplaying of the crime of rape to appease the violator, the accusation that the victim made a choice that led to their rape, or even jokes that suggest rape. According to Jessica Valenti’s, “In Rape Tragedies, the Shame Is Ours,” in today's world many people give in to rape culture by participating in these acts that somehow change our mindsets into believing that, “it is more shameful to be raped than to be a rapist”. Once ...
...ough group and individual models of deviant behaviour. The patriarchal pedagogy and structures that set the stage for permitting sexual assault to occur historically, still continue today, although in more subtle ways. Women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today's world. Men are usually in power positions, especially of an economic nature, and women are seen as passive. Marxist-feminist and differential identification are two theories that can be used to effectively explicate the cycle of sexualized violence in Canadian society today. In order to deal with the occurrence of sexual assault in our society, we must examine its causes more deeply. We must understand the sociology of sexualized violence in order to effectively explicate its groups and individual dynamics.
Rape Culture Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “it would do some women good to get raped,” from a historical perspective, leads us to better understanding how they evolved. Women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world.
When the criminal justice system was established, the main objective was to create neutrality and fairness between the sexes. Even though people might believe that there is no such thing as ‘stereotyping’ in the criminal justice system, it is quite obvious that women are constantly being looked down upon because of their sexuality. In general, women tend to be treated like fragile objects that could break at any moment; the truth is that women can be strong and courageous just like men. Society stereotypes about women and the criminal justice system are no different. Throughout history, certain crimes have been separated into different categories based on their prevalence.
In criminological history, discrimination against women was so evident and naturalised because for centuries, the underlying concept of ‘patriarchy’ or the power of men over women made it acceptable to stereotype women to subordinate women to male power (Carraine et al., 2014). Discrimination against women was maintained by the privileged group, that is men, and operated on multiple dimensions on an individual, institutional, and cultural level (Bell, 2010). On a cultural level, women were believed to be naturally suited to the domestic sphere, and
A non-guilty verdict in the murder trial of Bradley Barton accused of killing Cree mother of three Cindy Gladue who bled to death from an eleven centimetre internal laceration argues that the wound was the result of rough sex. Gladue known in Edmonton as a sex worker spent two night with Barton in an Edmonton hotel room in June 2011. This essay will argue the appeal that was warranted through looking firstly at feminist analyses of sexual assault and legal consent, secondly, the contexts of intersectional power relations/ interlocking oppressions such as Gladue being a women from a Cree nationality who works as a sex worker, thirdly the problematic notion of Gladue being the bearer
Wyatt, Gail . "Sociocultural Context of African American and White American Women's Rape." Welcome to the Medical University of South Carolina. N.p., n.d. Web. 5 Apr. 2011. .
In American society, there are so many cult-like obsessions. The culture of social justice is one of them, and unfortunately the most prominent. A facet of social justice is rape culture, which was coined as a culture during the second wave of feminism during the early 1970’s and was, according to the encyclopedia of rape, “often used by feminists to describe contemporary American culture as a whole.” (1) Rape culture, by definition though, is “a culture in which rape and other sexual violence (usually against women and gender diverse peoples ) are common and in which prevalent attitudes, norms, practices, and media condone, normalize, excuse, or encourage sexualized violence." (2) At its earliest beginnings, rape culture was more viable. However, today, in 21st century America, one must wonder, why is this even still an issue? Furthermore, one must deliberately consider just why rape culture only applies to women as victims of sexual violence instead of people of sexual violence. Men, for example, are not regarded as victims, ever. Apparently, men cannot be sexually assaulted. Rape culture allows for “gender diverse peoples” but they’re certainly not talking about men. Unless of course, those men just happen to dress as women and are raped because they are mistaken for women. But you see, therein another can of worms is opened, because it specifically relates to women and people who look like women. Sounds a bit ridiculous to me. I can’t remember a time when rape was ever a parlor joke. In America? In the 21st century? No damn way.
Susan Griffin’s Rape: The All-American Crime touches on many issues within American society. She begins by recounting how she was taught to be afraid of strange men from such a young age that she had not yet learned what it was she was so afraid of, and then goes into her experience with harassment, an experience shared by every woman at some point in her life. Griffin recounts the belief that all rapists are insane and the proof that they are just normal men and dispels the myth that rape is normal activity that is prohibited by society. However, she goes on to clarify that our culture views rape: “as an illegal, but still understandable, form of behavior” (Griffin 514). It seems that the wrongness of rape is determined by the situation in
In the article, Rape, Racism, and the Myth of the Black Rapist, the author, Angela Davis, discusses on the creation of the myth of the black rapist. This article brings two main ideas together to in order to make a valid argument to why both claims are false and hold no legitimacy. Davis argues that one was created in order to cover up for the other I order to veil the true offenders of sexual abuse. Davis also elaborates on the issue by adding to the argument and stating that white women are also being affected by these myths in a negative way because of the women’s bodies are being perceived as a right.
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “women secretly enjoy rape,” from a historical perspective, can lead us for better understanding how they evolved. Much stems back to the idea that women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men a...