LAWS 2302 Lecture Notes - Lecture 6: Indictable Offence, Rape Shield Law, Summary Offence
Document Summary
4 elements of rape (1) vaginal penetration (2) by the penis (3) the victim is not the wife of the accused (4) lack of consent. Sexual assault is know the new rape law, it is now taken out of the criminal code, it was known as vaginal penetration of the penis from a person who is not the wife of the accused. Only men could be charged with rape, only women would be victims of rape. Before a man could not be charged with raping his wife, or a man raping another man. Rape law as t was reflected a lot of myths about rapes. 5 rape myths (1) frequency of rape (2) situation of rape (3) status of victim (4) nature of act (5) reaction of victim. Rape was seen as a very rare event, and if women were smart enough they can avoid rape.