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Lecture 3

CRM202: Week 3 (Jan 31) - Jane Doe.docx

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CRM 202
Tammy Landau

Jane Doe v. Board of Commissioners of Police for the Municipality of Metropolitan Toronto et al. 39 O.R. (3d) 487, 1998 [police are responsible for train of evidence, so their main concern is the preservation of evidence, not her feelings] [is there a better way to conduct the investigation, to include the victim? -> the Crown prosecutes on her behalf, and would not include her in the process yet there is no legal process to bar the victim from the trial (her case challenges this)] [police fear issuing a warning would scare off the perpetrator, saying that was their priority, yet they are also responsible for protecting life and to prevent crime] A) The Larger Social, Political and Legal Context • there are a very large number of sexual assaults, where the perpetrators are overwhelmingly male and the victims are overwhelmingly female *women’s rights and women who were raped had their safety compromised; discrimination] • sexual violence is an act of power and control, related to a desire to “terrorize, dominate, control and humiliate” • “Rape has nothing to do with sex, everything to do with anger and power” (p. 490) *police listed reason as “sexual gratification” and had listed a victim as “wanting it” by her collection of sex toys] [they asked her if the rape had harmed her, and forced her to admit that her rape was “non- violent” and tried downplay her rape as not a big deal+ [defined as sexual intercourse by a man against a woman who is not his wife without her consent in the Criminal Code – defined by penetration, only men could be rapists, only women could be victims, wives were subjects to their husbands] [demolished rape laws and replaced with sexual assault, sexual assault causing bodily harm, aggravated sexual assault] as a result: • women live in constant fear of the threat of sexual assault and alter their behaviour • “The sexual victimization of women is one of the ways that men create and perpetuate the power imbalance of the male-dominated gender hierarchy that characterizes our society” (p. 491) *judge’s words] • and, the majority of sexual assaults are not reported to the police: • “...because they have concern about the attitudes of the police or courts to this type of incident ...” (P. 491) • evidence showed that sexual assaults have a higher rate of being determined as “unfounded” than ‘regular’ assaults, partially as a result of common rape myths: • that women lie about being raped • that women are not reliable reporters of events • that women are prone to exaggerate • that women falsely report having been raped to get attention B) The Specific Investigation • 5 sexual assaults in the same neigbhourhood - Church and Wellesley • inappropriate comments to victim (re: being in shower) • questioned credibility because she was calm, discussed public mischief charges, no follow-up for 4 months • questioned credibility that it was not her boyfriend • a media report indicates police believed one man committed two rapes in the same neighbourhood; by August they knew tha
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