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What Makes 'Model' Sexual Offenses - A Canadian Perspective, Christine Boyle Jan 2000

What Makes 'Model' Sexual Offenses - A Canadian Perspective, Christine Boyle

Faculty Publications (Emeriti)

This paper, originally presented at a conference on the US Model Penal Code, discusses how Canadian reform of the law of sexual assault could contribute to a new Model Code. While criteria for "modelness" are elusive, model offenses must at least be consistent with constitutional norms and concerns about legality, such as fair notice. Equality rights should not be neglected. The author discusses both Canadian efforts to make sexual assault law egalitarian and criticism of such efforts. More generally, in the context of a body of law generating significant controversy, a model law should contain a clear articulation of what ...


Tracking And Resisting Backlash Against Equality Gains In Sexual Offence Law, Sheila Mcintyre, Christine Lesley Boyle, Lee Lakeman, Elizabeth Sheehy Jan 2000

Tracking And Resisting Backlash Against Equality Gains In Sexual Offence Law, Sheila Mcintyre, Christine Lesley Boyle, Lee Lakeman, Elizabeth Sheehy

Faculty Publications (Emeriti)

The authors document feminist efforts to expose, challenge, and eliminate direct, indirect, and systemic inequality in the substantive, evidentiary, and procedural laws proscribing sexual offences and in the enforcement and application of those laws have not only been consistently resisted by police, lawyers, judges, and juries, but have also consistently generated backlash against those responsible for and/or supportive of such egalitarian change. Actual and imagined social, economic, political and legal equality gains by women as a class-however unevenly distributed- have triggered a variety of types of backlash, including an escalation in actual or threatened violence against women accompanied by ...