final exam Flashcards
(39 cards)
gender neutral crime of sexual assualt
before 1983 law reform, all sex provisions were gender specific; something a man did to a woman. When sexual assault can happen to anyone, no matter their sex, race, age, etc.
sexual assault as violence
in 1983, the criminal code shifted the definition of sexual violence this was done so to underline the seriousness of the crime and was to make it more like the assault that men face when they’re punched In the face. Was also introduced to help desexualize rape, diminish victim blaming, and to underline rape myths
reasonable steps provisiomn
Must have taken reasonable steps to ascertain that person’s consent
is subjective, doesn’t actually need to be a reasonable belief
affirmative consent
“yes means yes”
Acknowledgement that consent may be withdrawn at any time
Includes positive steps take to discover if one’s partner truly consents
That consent must be ongoing and active throughout the sexual encounter
implied consent
The legal term implied consent refers to situations in which it is assumed a person consented to something by their actions. This means that, although the person has not given verbal or written consent, circumstances exist that would cause a reasonable person to believe the other had consented
- no such thing as implied consent in CAN law
attrition:
- although we have good law and doctrine, there is a justice gap. this is seen by looking at the stats that shows that sexual violence is pervasive and the umbers are not dropping
1/10 sexual assaults reported to the police lead to a criminal conviction
This causes people to minimize their experience and have distrust in the police which refrains them from reporting
pleasing women
the heteronormative
expectations that women be visually and behaviourally
pleasing to men, that women be devoid of independent sexual interests ad motives. while men are perpetually ad unquestioningly interested in sex
together women
self determined, free choice and responsibility are key values. all about not being the victim. created by neoliberal norms. she’s hostile towards feminism
personal responsibility after the fact
Reconciling any negative experience with neoliberal ideals of self determination, free choice, and personal responsibility
two deflecting notions of victimization. 1. no blame: Idea that some of these assaulting experiences of sex get rationalized and explained away as not really his fault or 2. self blame (i had the chance to say no): Idea that it’s her fault, she led him on, and I am at fault.Taking responsibility.
Failure to apply rape shield in cases of wife rape:
Is linked to the twin myths theory. the reliance on sexual history in intimate relationships, lawyers seek to get around rape shield in order to get “sexual”patterns in a relationship to see if she had ever said no before durig consensual sex. This makes it clear that women in intimate relationships have less access to legal protections.
Wife rape as miscommunication:
miscommunication” and “misinterpretation” of intimate personal language are used to structure the sexual violence as a “mistake of fact”. Consent viewed as unclear and ambiguous in intimate relationships without a clear “no”
related to the presumption of continuing consent in intimate relationships
Presumption of continuing consent in intimate relationships:
In terms of relationships, the descriptions of mistaken belief has been weakened. As consent is more ambiguous as you develop a secret language to reveal consent without having to ask or tell. You cannot expect someone to ask or take extra steps in a long term intimate relationship
Twin myths and legal treatment of wife rape:
twin myths: the rape myth that believes unnchaste women are more likely to consent and more likely to lie about it.
lawyers seek to get around rape shield in order to get “sexual”patterns in a relationship to see if she had ever said no before during consensual sex.
the reliance on sexual history in intimate relationships shows the distrusts in women and strengthens rape myths
Hookup culture as a space of experimentation:
hookup culture can be a space of experimentation. women can opennly experiement with gay practice, especially for the male gaze. it is different for me as experimentation always gets tied to their identity and being stigmatized as ebig gay.. it allows women to be desiring subjects; with the sex without expectationn. this gives women more agency and mobility.
Hookup culture and heterosexual scripts:
hookup culture breaks the usual heterosexual scripts of women as the gatekeepers of sex. in hookup culture, women are no longer the subjects of men asking for sex. but still expects women to remain chaste as it there is still less acceptability of women’s sexuality as a huge amount of slut shaming exists
LGBTQ students and consent practices
Participants were good at talking the talk but not walking the walk; they were critical of practices but when it came down to exploring their own behaviours, they ended up replicating the aspects of heteronormative practices. this being the belief that people will participate in unwanted sex bc you feel you have an obligationn to keep going even when youre unnncomfortable.
Not just just heterosexual cis men who failed to obtain consent, but “masculine” or “dominant” men who had sex with men as well.
Hierarchy of desirability:
LGBTQ students in hook up culture. On walking the walk and talking the talk. The students are very critical of the norms and the toxic masculinity but ended up reproducing the actions.
prefer masculine men and feminine women. Which Marginalizes non-binary and trans folk.
Racist ideas are constructed as preference (“I only sleep with white guys”)
Toxic masculinity as explanation for problematic hook-up practices
toxic masculinity is an explanation as it is an enactment of their own entitlement. objectifies women, viewing them as a conquest, which flips the script but still maintains it, treats hookups like games
Non-consensual condom removal as consent violation:
Violates consent as it is a betrayal of trust. The individual consented to being touched with a condom not a penis. When the situation changes so does the agreement.
Motivations of stealthing perpetrators:
People who participate in NCCR are motivated by power and control ad get off on the transgression of others sexual boundaries rather then the actual physical pleasure of it all.
gender norms socialize men for sexual coercive aggression.
Two approaches to recognizing NCCR as consent violation:
The two approaches to NCCR are 1. the individual agreed to touching with a condom, not with a penis and 2. the individual consented to a certain amount of risk which does not include the certain risks the unprotected sex does, i.e unwanted pregnancy and STI’s.
BDSM and communicative consent
The right of veto is a central practice of BDSM, but some don’t use safe words but rather communicate what is and is not okay.
By making explicit and challenging the fear of rejection, it really enables a communicated practice of consent
As consent is an ongoing as well as a situational process and emphasizes the significance of the communicative process during a session.
BDSM and working consent:
Consent is about actively choosing rather than the normal “no”
Ann ongoing negotiation rather than an event
A more critical practice of consent, one that is not defined by heteronormative beliefs
Miscommunication hypothesis:
It provides a ready-made excuse for perpetrators
The idea that sexual violence is the outcome of miscommunication
Is what drives consent education as an approach to prevention of sexual assault
