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Many of the myths that were used to justify the historical immunity for marital rape continue to pervade the prosecution of these kinds of cases. It also fails to acknowledge that women may be in relationships of dependency with their spouses, often making it unsafe to complain about sexual violence until they separate. It appears the accused was acquitted because he did not understand the law of consent, despite the fact that ignorance of the law is no defence. This myth fails to account for the fact that the law was changed in , such that we no longer require women to "raise a hue and cry" immediately following a sexual assault. He noted that the complainant "did not make any complaint until the parties had a dispute involving access," thereby adopting the myth that women may cry rape to bolster their position in family-law disputes. Let us hope a Crown appeal will set the record straight for others who labour under these mistaken beliefs — be they judges, other legal professionals or spouses. However, cultural norms cannot overtake legal norms, and women such as this complainant are entitled to the benefit of the same criminal law as are other women in Canada. Women's dependency on their partners also refutes another myth that Justice Smith seemed to rely on, evident in his comment that the complainant "continued to have sex with the accused" following the alleged incident in for "a period of approximately 11 years. If this statement is to have any meaning, judicial education on sexual assault must include material on marital rape myths, why they are false and why they violate women's human rights. Elizabeth Sheehy is a professor of law at the University of Ottawa.

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Canadian wives looking for sex

Many of the myths that were used to justify the historical immunity for marital rape continue to pervade the prosecution of these kinds of cases. It also fails to acknowledge that women may be in relationships of dependency with their spouses, often making it unsafe to complain about sexual violence until they separate. It appears the accused was acquitted because he did not understand the law of consent, despite the fact that ignorance of the law is no defence. This myth fails to account for the fact that the law was changed in , such that we no longer require women to "raise a hue and cry" immediately following a sexual assault. He noted that the complainant "did not make any complaint until the parties had a dispute involving access," thereby adopting the myth that women may cry rape to bolster their position in family-law disputes. Let us hope a Crown appeal will set the record straight for others who labour under these mistaken beliefs — be they judges, other legal professionals or spouses. However, cultural norms cannot overtake legal norms, and women such as this complainant are entitled to the benefit of the same criminal law as are other women in Canada. Women's dependency on their partners also refutes another myth that Justice Smith seemed to rely on, evident in his comment that the complainant "continued to have sex with the accused" following the alleged incident in for "a period of approximately 11 years. If this statement is to have any meaning, judicial education on sexual assault must include material on marital rape myths, why they are false and why they violate women's human rights. Elizabeth Sheehy is a professor of law at the University of Ottawa. Canadian wives looking for sex

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4 Comments

  1. However, cultural norms cannot overtake legal norms, and women such as this complainant are entitled to the benefit of the same criminal law as are other women in Canada. Many of the myths that were used to justify the historical immunity for marital rape continue to pervade the prosecution of these kinds of cases. It is difficult to see how the accused could have honestly believed that his wife was consenting in these circumstances.

  2. Smith found that "the accused probably had sex with his wife on many occasions without her specific consent, as both he and she believed that he had the right to do so. Women's dependency on their partners also refutes another myth that Justice Smith seemed to rely on, evident in his comment that the complainant "continued to have sex with the accused" following the alleged incident in for "a period of approximately 11 years.

  3. Many of the myths that were used to justify the historical immunity for marital rape continue to pervade the prosecution of these kinds of cases. These myths have been denounced as the product of a time when women were the property of men, and have no place in a society where we constitutionally protect women's rights to equality, security of the person and sexual autonomy.

  4. Let us hope a Crown appeal will set the record straight for others who labour under these mistaken beliefs — be they judges, other legal professionals or spouses. Elizabeth Sheehy is a professor of law at the University of Ottawa.

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