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Sexual assault is unlike any other crime. Most perpetrators are male. Most incidents go unreported, and, when charges are laid, the resulting trial often focuses on the character and motivation of the complainant rather than the conduct of the person accused of the crime. In this article, the author traces through the historical, social and legal underpinnings of the offence of rape, and then examines the tension that has developed between a judiciary that seeks to protect accused persons against false accusations, and legislators who seek to protect the public from this insidious crime. |
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Bruce A. MacFarlane, Q.C. Deputy Minister of Justice Deputy Attorney General for the Province of Manitoba
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[Originally published by the Canadian Bar Association in a book commemorating the 100th anniversary of Canada’s criminal code, titled: “100 years of the criminal code in Canada; essays commemorating the centenary of the Canadian criminal code”, edited by Wood and Peck (1993)] |
