[PDF] Civil Liability For Sexual Abuse And Violence In Canada eBook

Author : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
Page : 833 pages
File Size : 16,63 MB
Release : 2012-09-29
Category : Law
ISBN : 0776619772

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Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

Author : Melanie Randall
Publisher : Bloomsbury Publishing
Page : 471 pages
File Size : 46,99 MB
Release : 2017-10-19
Category : Law
ISBN : 1782258612

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Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.

Author : Mary Wells
Publisher :
Page : 136 pages
File Size : 39,48 MB
Release : 1990
Category : Law
ISBN :

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The changes to the Criminal Code and the Canada Evidence Act on January 1, 1988, created new child sexual abuse offenses and expanded the opportunities for courts to receive children's testimony in cases of child sexual abuse. This has major implications for professionals working with sexually abused children, particularly social workers who will find themselves increasingly participating in investigative activities and may be required to give evidence at criminal trials. This handbook outlines the criminal justice process and its principles; explains the law on child sexual abuse; discusses the need for the adaptation of investigative methods when a child sexual abuse case becomes a criminal justice matter; explains changes in the rules of evidence relating to child witnesses; and suggests roles child protection workers may assume under the new law.

Author : Mandi Gray
Publisher : UBC Press
Page : 178 pages
File Size : 30,56 MB
Release : 2024-03-01
Category : Law
ISBN : 0774869194

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Suing for Silence is a groundbreaking examination of how men accused of sexual violence use defamation lawsuits as a weapon to silence those who attempt to hold them accountable. As Mandi Gray demonstrates, Canadian defamation law helps perpetuate the myth that false allegations of sexual violence are common. Gray draws on media reports, courtroom observations, and interviews with silence breakers, activists, and lawyers to examine the societal and individual implications of so-called liar lawsuits. She argues that their purpose is not to achieve justice but to intimidate, silence, and drain the resources of those who speak out against sexual violence and even report their own assaults – and to discourage others from doing the same. This meticulous work reveals the gendered underpinnings of Canadian defamation law, which has long protected men’s reputations at the expense of women’s sexual autonomy. Sexual violence discourse must have adequate protection if it is to be heard.

Author : Curtis Fogel
Publisher : UBC Press
Page : 248 pages
File Size : 47,91 MB
Release : 2023-11-15
Category : Sports & Recreation
ISBN : 0774869151

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Sexual assault by and against athletes is a pervasive and long-standing problem in Canada, but reports are commonly minimized, doubted, and dismissed by sport administrators, police, and judges. Through a detailed examination of over 300 cases appearing in news media and legal files across Canada from 1990 to 2020, Sexual Assault in Canadian Sport uncovers an enduring institutional tolerance of sexual assault in Canadian sport – and the betrayal that many victims experience by those same institutions. Curtis Fogel and Andrea Quinlan argue further that both the Canadian sport system and the criminal legal system have failed to ensure victims’ safety and often undermine sexual assault prevention and trauma-informed care. Sexual Assault in Canadian Sport opens new avenues for critical dialogue about sport, law, masculinities, and gender-based violence. Crucially, it also offers constructive strategies to increase safety in sport.

Author : Nathalie Des Rosiers
Publisher :
Page : 404 pages
File Size : 16,60 MB
Release : 2002
Category : Abused wives
ISBN :

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In recent years, victims of sexual and spousal abuse in Canada have been turning increasingly to civil courts to demand compensation for their loss and suffering. In the context of growing public awareness and denunciation of violence against women and children, the law must be able to meet the demands of these victims. Originally published in French, this new and updated translation identifies and addresses the issues that are raised by the recent emergence of recourse to civil litigation by victims of sexual and spousal abuse. It outlines an egalitatian approach to the legal system, one that takes into account the unique needs of women and children. This work analyzes the conditions necessary to bring an action in civil liability for sexual and spousal abuse. It describes the remedies available within the Quebec Civil Code, as well as providing an analysis of Canadian Common Law jurisprudence on this issue. Finally, the book will also be of interest to jurists in civil law jurisdictions outside Canada and to scholars interested in comparative law.