The Rape Myths Of R. V. Ewan Williamson

On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.

The force necessary to support a conviction of rape need only be such as to establish lack of consent and to induce the victim to submit without additional resistance. The degree of force required to constitute rape is relative and depends on the facts and particular circumstance of the

In the case of R v. Ewanchuk many issue surrounding the use of rape myths allowed for Ewanchuk to justify the reasons for him sexually assaulting the young women. This begins with a harmless interview for the 17 year old women who is applying for a job for Ewanchuk’s woodworking business where they were scheduled for an interview in his van, which then Ewanchuk who is interviewing her suggests they go back to his trailer “to show her some of his work.” Once they got into the trailer that is when Ewanchuk initiates multiple incidents of him grabbing her where ever touch is more intimate. The women tells him multiple times to stop, but he doesn't and she fears that if she fights back it would provoke a violent response. The women contacts the

The R.v. Ewanchuck (1999) case is a case that shook the Canadian criminal justice system and is considered by feminists a victory because the judge’s decision reflected rape myths and the case is being praised with addressing rape myths in the criminal justice system. The details of the case are; Ewanchuck invited a 17 year- old woman into his van for a job interview ( Dumont, 1999, p. 102-109). After the job interview concluded, Ewanchuck insisted that the woman see his paintings, which were in a trailer behind the van ( Dumont, 1999, p. 102-109). Ewanchuck then took the woman inside the trailer and began to make a series of sexual advances ( Dumont, 1999, p. 102-109).

Article Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.

In the book, Missoula: Rape and the Justice System in College Town, by Jon Krakauer, the reader delves into how rape and sexual assault are treated in the town of Missoula, and the University of Montana. As the reader, we are informed on how the university, the police department, the district attorney’s office, and the community reacted to these rape and sexual assault allegations. We see how the criminal justice system has failed the victims, and are forced to live with what happened to them, while their assailants are free of any burden. The law is set in place to protect people from victimization, but when the men, in this book, are not legally held accountable, then any woman, or man, is more susceptible to victimization. It is interesting

Michael M. vs Superior Court is the case that brought gender-neutrality in the criminal justice system to the light. Before this case was presented to the court, few states had adopted a gender-neutral statutory rape case and California, where the case took place, was not among them. The defense argued that California’s rape laws went against the Equal Protection Clause of the 14th Amendment. Then there was case of Mary Kay Letourneau, a former schoolteacher that was engaging in a sexual relationship with her 12 year old student. Letourneau was sentenced to 6 moths in jail while Michael M. received 10 years.

Cathy Young, in her article titled “Feminists want us to define these ugly sexual encounters as rape. Don’t let them,” takes up the claim that the definition of, and by consequence social and legal ramifications for “rape” has extended past the scope of reason. Young explored her claim by providing examples of personal sexual encounters she has had with various men, and how she does not feel as though these men should be thrown under the bus, where modern feminists would be quick to the task. She goes on to describe the ways in which possible counter arguments are flawed logically. Young takes up an opposing viewpoint to an increasingly popular feministic mantra in order to convince those unconvinced or unfamiliar with third-wave feminism that

This offence makes a person guilty if he intentionally touches another person sexually without their consent and the defendant does not reasonably believe that the victim consents. Sections 75 and 76 apply to an offence under this section. Sexual assault embodies a wide breadth of sexual acts carried out on a non-consenting participant, the definition is set in deliberately broad terms, which includes; Mere touching which can even amount to an offence if the touching was of clothing worn by the complainant. Pinching, slapping, kissing and touching naked genitalia and using naked organs to stroke, rub, press or touch. Defences to sexual assault under Section 3 of the SOA 2003 often include (but are not limited to)

The subject of this article is the importance of consent. Newman’s main argument is that consent should be taught at a young age. She believes this will help the rape and sexual assault rate. Each person has the right to make their own decisions, on what they choose to

Limited emphasis is placed on consent between parties,

In society and college campuses, sexual assault occurs quite frequently. According to an estimation one third of women experience a forced sexual experience at least once in their life and most of the time it occurs in colleges. Men have also been reported to be victim of sexual assaults mostly by other men. Most of the time the sexual assault is planned and perpetrated by a third person, who is known to the victim of incident. Drug and alcohol use play role in this issue and contribute to the problem as most of the time the victim and perpetrators are under the effect of alcohol or any other drug during the incident.

Many crimes plague the world, and with them come countless regulations and consequences. But one crime is widely different from the rest, in more ways than one. It is rape and can often be thought of as a paradox because victims are blamed for their assault. Rape is one of the most unreported crimes nationwide, and there are two main reasons for this, self-blaming by the victim and the fear that others will blame them. Unlike any other crime, rape comes with many stereotypes, biases, and gender prejudice.

Men's obsession with violence against women is an often theme in literary texts, especially the ones written by female writers. The state where women are obliged to be silent, or they will be oppressed in their societies is explored deeply in lots of stories. For example, in ''Rape Fantasies'' where each woman illustrates her own fantasy and illusion if she experiences rape once, Margaret Atwood reflects a general view of how women react towards such cruel act of men. Although most women express different reactions, such as Estelle, who shows a passive reaction by sympathizing the rapist and feeling guilty towards him; and Darlene, who explains her disgust about the subject; Sondra chooses to be silent. Sondra's silence during the conversation

The question of consent puzzles me still because of the need to distinguish between verbal and nonverbal cues. Before this class I would have supported trying to make a law with more leeway for the definition of consent, maybe something like any physical act of coming closer. However, we have seen time and time again that the people committing these sex crimes will be given an inch with the law and go a mile. Therefore if I were writing my state's rape laws, now I would say that rape is any sexual or deviant act without consent, consent being a verbal yes to that specific act. I understand with my law an extra second in the moment is needed in order for sex not to be considered rape but that is a small sacrifice for good, consensual