Canada

Winnipeg Free Press - PRINT EDITION

Revive crime of rape in Criminal Code, minister urges

By: Janice Tibbetts

Posted: 05/12/2010 1:00 AM | Comments: 0 (including replies)

OTTAWA -- Canada's public safety minister says he thinks the crime of rape should be revived in the Criminal Code, saying its abandonment a quarter of a century ago by categorizing it in a "general basket" of sexual assault has created significant problems in the justice system.

Vic Toews said Tuesday lawmakers, when crafting new legislation involving sex offenders, must take into account whether the punishment is suitable at both ends of the broad spectrum -- from sexual touching to rape.

"That general-basket description causes all kinds of problems," said Toews, explaining the government decided against banning all sex offenders from applying for federal pardons because the category is too expansive.

Rather, the government is seeking to eliminate pardons for sex crimes against children.

Rape was dropped from the Criminal Code in 1983 after lobbying efforts by women's groups. They argued that calling it sexual assault would bring more complainants forward and would ease the stigma of the word for women in the court system, making it easier to convict perpetrators under the broader umbrella.

"I understand why the change was made, I understand the motivation, I understand the desire not to victimize women again in the court system, but that is something that may have to be looked at in the future," said Toews.

Until 1983, the crime of rape was defined as sexual penetration of a woman. The replacement legislation split sex assault into three levels, to include acts ranging from unwanted touching to violent physical harm.

At the time, the new law also made significant changes to lessen the stigma of sexual assault, particularly by creating a so-called "rape shield" that prevented a complainant from being questioned about her sexual past, a practice that effectively put her credibility on trial.

"That was a horrendous time for any of us who were prosecutors under the old system, we understood the difficulties of proving a rape case," Toews said Tuesday. "But the whole concept now of rape and minor sexual assault, if I can use that term, have been all wrapped up into one bundle and it's very confusing... I think it's a curtain that some hide under and it's unfortunate."

Anita Neville, Liberal status of women critic, said she would like Toews to produce evidence current sex-assault laws are failing if he thinks the government should go back to the drawing board. "I've met with and talked to people who have had some kind of sexual violation that might not be in the clear sense of the word 'rape,' but they feel as violated as somebody who has been raped."

Winnipeg women's advocates expressed bewilderment Tuesday at Toews' idea.

Nadia La Rosa, a sexual assault councillor at Klinic, said women have "absolutely" been more willing to report sex crimes to police since the offence was changed and they could take some refuge in the more ambiguous term of sexual assault. And, La Rosa said the law should reflect the range of trauma a woman may experience following any kind of sexual assault. Just because there may not have been penetration does not mean a woman doesn't feel violated.

Barbara Judt, head of the Osborne House women's shelter, agreed.

"Going back to a definition that didn't work before is of great concern as the cycle of violence against women continues on with horrible, wide ranging effects," she said.

-- Canwest News Service, with staff files

Republished from the Winnipeg Free Press print edition May 12, 2010 A4

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