Sexual Assault in Canada : Law, Legal Practice and Women's Activism

Sheehy, Elizabeth A.

doi:10.26530/oapen_530011

Cited by 28 publications

(16 citation statements)

References 1 publication

(10 reference statements)

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“…The women described being unable to refuse being strip searched because of power imbalances and for fear of negative consequences, which aligns with the argument that the regular requirements of consent are abandoned when performing strip searches in prison (VanNatta, 2010). Furthermore, sexual assault has been described as being motivated by power, not sexual pleasure (Sheehy, 2012); therefore, it follows that if positions of power are being used to force women to remove their clothes and perform acts with body parts that are considered sexual (CDC, 2018), as was described in this study, sexual assault is taking place. Additionally, consent cannot be obtained from people who are incapable of providing it nor can it be obtained as a result of someone abusing a position of trust, power, or authority (Government of Canada, 1985).…”

Section: Discussionmentioning

confidence: 83%

“…From a legal perspective, Canada has a broad definition of sexual assault, which includes the requirement that both parties must agree (i.e., consent) to the sexual activity taking place (Government of Canada, 1985). Moreover, sexual assault has been described as being motivated by power not sexual pleasure (Sheehy, 2012), and the power differential between the perpetrator and victim is one of its defining features (Heney & Kristiansen, 1998).…”

Section: Literature Reviewmentioning

confidence: 99%

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“It’s Sexual Assault. It’s Barbaric”: Strip Searching in Women’s Prisons as State-Inflicted Sexual Assault

Hutchison

2019

Affilia

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Rationale: In the era of the #MeToo movement, sexual assault has emerged from the shadows to become a dominant topic of public and scholarly conversation. Yet women in prison have largely been left out of these conversations, particularly as it relates to their experiences of being strip searched. Method: Five cisgender women were interviewed about their experiences being strip searched while imprisoned in Canada. Findings: Findings demonstrate that strip searching is a form of sexual assault. Women were unable to say “no” to being strip searched due to power imbalances and fear of serious consequences. Experiences of prior sexual victimization made being strip searched particularly harmful. Discussion: This study shows that structural violence occurring behind prison walls is a replication of structural violence occurring in the community. That strip-searching policies and practices are developed and implemented by the state necessarily means it is state-inflicted sexual assault. I theorize that strip searching is not understood as sexual assault because imprisoned women are relegated to a class of subhumanness for which humane treatment is not required. Implications: Implications for reducing the harms of strip searching are discussed, aimed at moving toward the abolishment of strip searching as a practice in women’s prisons.

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Section: Discussionmentioning

confidence: 83%

Section: Literature Reviewmentioning

confidence: 99%

“It’s Sexual Assault. It’s Barbaric”: Strip Searching in Women’s Prisons as State-Inflicted Sexual Assault

Hutchison

2019

Affilia

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“…SV has also been perpetrated against men and boys as a tactic of war or during detention and interrogation 5 ; they may suffer rape, sexual torture, mutilation, humiliation, enslavement, and forced incest 6 . This risk persists during the escape journey and after the reception in apparently safe destinations 7 .…”

Section: Introductionmentioning

confidence: 99%

“…A VS também tem sido perpetrada contra homens e meninos como tática de guerra ou durante a detenção e interrogatórios 5 ; eles podem sofrer estupro, tortura sexual, mutilação, humilhação, escravização e incesto forçado 6 . Esse risco persiste durante a jornada de fuga e após o acolhimento em destinos aparentemente seguros 7 .…”

Section: Introductionunclassified

Prevalence of sexual violence among refugees: a systematic review

et al. 2019

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OBJECTIVE: To synthesize data about the prevalence of sexual violence (SV) among refugees around the world. METHODS: A systematic review was conducted from the search in seven bibliographic databases. Studies on the prevalence of SV among refugees and asylum seekers of any country, sex or age, whether in English, French, Spanish and Portuguese, were eligible. RESULTS: Of the 2,906 titles found, 60 articles were selected. The reported prevalence of SV was largely variable (0% to 99.8%). Reports of SV were collected in all continents, with 42% of the articles mentioning it in refugees from Africa (prevalence from 1.3% to 100%). The rape was the most reported SV in 65% of the studies (prevalence from 0% to 90.9%). The main victims were women in 89% of the studies, all the way, especially when still in the countries of origin. The SV was perpetrated particularly by intimate partners, but also by agents of supposed protection. Few studies have reported SV in men and children; the prevalence reached up to 39.3% and 90.9%, respectively. Approximately one-third of the studies (32%) were carried out in refugee camps and more than half (52%) in health services using mental health assessment tools. No study has addressed the most recent migratory crisis. Meta-analysis was not performed due to the methodological heterogeneity of the studies. CONCLUSIONS: SV is a prevalent problem affecting refugees of both sexes, of all ages, throughout the migratory journey, particularly those from Africa. Protection measures are urgently needed, and further studies, with more appropriate tools, may better measure the current magnitude of the problem.

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“…In recent Canadian history, progressive sexual assault laws were achieved, along with an affirmative, robust definition of consent, following a hard-fought campaign for women's equality, dignity and sexual autonomy [ 48 , 49 ]. These laws were intended to empower women's autonomous sexual decision-making, including demanding consensual and safer sexual practices [ 49 ]. The fact that sexual assault laws are being used in Canada to prosecute cases of HIV non-disclosure among women they originally sought to protect is contrary to the spirit of this women's rights movement [ 12 , 21 , 48 ].…”

Section: Introductionmentioning

confidence: 99%

The impact of criminalization of HIV non‐disclosure on the healthcare engagement of women living with HIV in Canada: a comprehensive review of the evidence

Patterson

Milloy

Greene

et al. 2015

Journal of the International AIDS Society

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IntroductionIn 2012, the Supreme Court of Canada ruled that people living with HIV (PLWH) must disclose their HIV status to sexual partners prior to sexual activity that poses a “realistic possibility” of HIV transmission for consent to sex to be valid. The Supreme Court deemed that the duty to disclose could be averted if a person living with HIV both uses a condom and has a low plasma HIV-1 RNA viral load during vaginal sex. This is one of the strictest legal standards criminalizing HIV non-disclosure worldwide and has resulted in a high rate of prosecutions of PLWH in Canada. Public health advocates argue that the overly broad use of the criminal law against PLWH undermines efforts to engage individuals in healthcare and complicates gendered barriers to linkage and retention in care experienced by women living with HIV (WLWH).MethodsWe conducted a comprehensive review of peer-reviewed and non-peer-reviewed evidence published between 1998 and 2015 evaluating the impact of the criminalization of HIV non-disclosure on healthcare engagement of WLWH in Canada across key stages of the cascade of HIV care, specifically: HIV testing and diagnosis, linkage and retention in care, and adherence to antiretroviral therapy. Where available, evidence pertaining specifically to women was examined. Where these data were lacking, evidence relating to all PLWH in Canada or other international jurisdictions were included.Results and discussionEvidence suggests that criminalization of HIV non-disclosure may create barriers to engagement and retention within the cascade of HIV care for PLWH in Canada, discouraging access to HIV testing for some people due to fears of legal implications following a positive diagnosis, and compromising linkage and retention in healthcare through concerns of exposure of confidential medical information. There is a lack of published empirical evidence focused specifically on women, which is a concern given the growing population of WLWH in Canada, among whom marginalized and vulnerable women are overrepresented.ConclusionsThe threat of HIV non-disclosure prosecution combined with a heightened perception of surveillance may alter the environment within which women engage with healthcare services. Fully exploring the extent to which HIV criminalization represents a barrier to the healthcare engagement of WLWH is a public health priority.

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Sexual Assault in Canada : Law, Legal Practice and Women's Activism

Cited by 28 publications

References 1 publication

“It’s Sexual Assault. It’s Barbaric”: Strip Searching in Women’s Prisons as State-Inflicted Sexual Assault

“It’s Sexual Assault. It’s Barbaric”: Strip Searching in Women’s Prisons as State-Inflicted Sexual Assault

Prevalence of sexual violence among refugees: a systematic review

The impact of criminalization of HIV non‐disclosure on the healthcare engagement of women living with HIV in Canada: a comprehensive review of the evidence

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