Rape Law Reform in Canada: The Success and Limits of Legislation

This article reviews the major changes and impacts of rape law reform in Canada. It is held that the 1983 reform addressed some of the key issues relating to sexual assault. In spite of the 1983 legislation, it is clear that critical issues linger in many areas. These include underreporting of sexual assault; low founding, charging, and conviction rates; the status of rape-shield rules; and the defence of honest but mistaken belief of consent. Collective and social actions on the part of women’s groups and education are seen as important policy tools to counter sexual assault in our society. GENDER BIAS AND RAPE LAW Legislation is popularly considered to be a potent weapon to combat sexual aggression and achieve justice for women. As rape has become an important social and political issue in industrialized countries, criminal justice professionals and women’s associations alike demand new legislation to deal with this problem. Not surprisingly, many advanced industrialized countries have introduced some form of rape law reform in the past two decades (Allison & Wrightsman, 1993; Berger, Searles, & Neuman, 1995; Jones & Christie, 1992; Roberts & Mohr, 1994). In England and Wales, rape law reforms began as early as 1976 when the Sexual Offences (Amendment) Act was passed. In the United States, virtually all jurisdictions have introduced some form of rape law reform over the past 20 years. Similarly, a concerted overhaul in rape law legislation was conducted by the Canadian federal government in the early 1980s. These cross-national efforts attest to the deficiencies in existing laws and the need for improvements. Unquestionably, many people continue to have faith in the legal system’s ability to deal with the problem of rape. Canadian rape law reform stands out as one example that indicates the substantial influence women and their advocates have in the legal process. Despite such participation, however, the Canadian case also illustrates the limits of legal reform. Numerous studies canvass the issue of sexual aggression against women in the Canadian legal system (Dekeseredy & Hinch, 1991; Roberts & Mohr, 1994). Such concern is in large measure attributed to the women’s groups across Canada that have dedicated their efforts to improving both the legal protection and status of women (Canadian Panel on Violence Against Women, 1993). These studies point International Journal of Offender Therapy and Comparative Criminology, 42(3), 1998 258-270  1998 Sage Publications, Inc.