Sexual Assault Law Research Paper

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Sexual assault is a very controversial issue in our society. The video by Mini Law, Understanding Sexual Assault Law, gives a detailed overview of Sexual Assault Law. It is presented by Professor Elaine Craig, from the Schulich School of Law. In her presentation she explains that the fundamentals of sexual assault law are the definition of sexual assault, definition of consent and rules of evidence. Overall, Sexual Assault Law in Canada is flawed and there is a lot of reform that must still be done. To understand Sexual Assault, one must first understand how it is defined. It is a gender neutral, three tiered offense consisting of sexual assault, sexual assault causing bodily harm and aggravated sexual assault. It is defined by a concept of violation of sexual integrity, involving non-consensual sexual touching. Craig states that despite sexual assault is considered a gender…show more content…
One of these rules is that prior sexual history should not be brought up by defense counsel to discredit complainant. This helps to protect the complainant from further trauma and to insure the trial is fair and just. In trials, complainants are able to use testimonial aids. There aids help prevent further trauma from happening by aiding complainants tell their emotional stories. There are many challenges faced in Sexual Assault Law. The attitudes of the public towards sexual violence are inaccurate in many cases. Sexual Assault Law is a legacy of legal process based on stereotypes and myths about women and sex. Many myths and stereotypes legally rejected continue to be invoked in trials today. The adversarial nature of the legal system can make people afraid of testifying. The dysfunctional attitudes about sex generally coupled with individualized rather than systematic response of the criminal justice system show us that the system is an inept tool to respond to a social
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