page 12 THE OTHER PRESS November 30th, 1984 RAPE: THE CONFLICT VIEWPOINT Courts do not treat rape as simply a case of assault. Rather, it seems that the rape victim will be asked to demonstrate that she behaves in a by OMAR-SHARIF MOHAMMED sexually ‘‘moral’’ and ‘‘proper’’ way. In other words, it seems that, to the courts, only certain kinds of women can be raped. Lorenne Clark and Debra Lewis (1977) at the Toronto Rape Crisis Centre have, for several years now, been analysing rape cases-- those ich come to trial, those reported but not tried and the very many which are never reported offi- cially. Clark and Lewis find that the police decision to pursue a rape case is based essentially on their perception of the victim. They are less likely to put forward a case for prosecution, for example, if the victim lives alone or if she has been drinking, or if she is from the lower class. Clark and Lewis do not blame the police for these decisions because they are in a structural bind. On the one hand, they get into trouble if their arrests consistently fail to produce convictions. On the other hand, they are often frustrated be- cause many of the cases they ‘‘know’’ to be crimes are unlikely to produce convictions. They know that successful cases usually demand that the victim be middle class, ‘morally upright’’ and living ‘‘under the protection’’ of parents or husband. Clark and Lewis conclude from their research that women are viewed by the courts as property and rape is not assault but a crime against the property of men. (People, Power and Process, 1979: 121). Men have defined rape as a sexual offence because it is an attack on their sexual property. One of the worst consequences of this definition is that it leaves no harm to be punished unless a ‘‘valuable’’ woman is phys- ically damaged by the rape attack. If no economic harm is done, or if the harm is very minimal, there appears to be no theoretical basis for treating rape as a legal offence or for punishing the rapist. The rapist commits a wrongful act because he damages or ‘“steals’’ another’s property; his crime is sexual because the property stolen is sexual. But when the victim does not belong to somebody else, or possesses qualities which make her potentially valuable, then her rape cannot be perceived as wrong (Clark and Lewis, 1977: 160). THE NOBLE JUDGE To further compound matters, it seems to be that the judicial process may not offer an impartial trial to women or anyone else for that matter. Such a stand is taken by a Canadian sociologist, Tepperman (1977: 85). ‘‘Judges tend to come from a particular social stratum: they are well-educated and_ relatively pros- perous besides generally having prof- essional, social, and political attach- ments to the elite. Their sentencing patterns often reflect the concerns of any prosperous person for life and property when dealing with poor people, especially during a period of social discontent like the Depression. The judiciary has a political and not only rational-intellectual activity in which written rules and community standards are applied to information about behaviors. Like the others engaged in maintaining order, judged tend to support the status quo. Some evidence shows that judges are select- ed because they are in sympathy with the ruling class.’ \ Clearly, judges have a particularly high degree of discretion in the handling of rape cases. This discretion is legitimated in. terms of ‘‘individual- ized justice’ and in the name of treatment (People, Power and Process, 1981:124, rape cases added). THE ORDER VIEWPOINT: THE NEW LAW On January 4th, 1983, a new set of legal procedures was implemented on sexual assault. These procedures allow for fairer trials on sexual assault and reduce the number of technicalities involved in a particular rape case. The new law does away with many of the already cited injustices that women face in the reporting of a rape case. The new law is deemed necessary for the following reasons: 1. Individuals have the right to control their participation in all activities. 2. Men and women are equals and thus should be treated equally. 3. Sexual offences are crimes and therefore should be treated as any other criminal leglislation. 4. The courts do not have the right to subject victims to undue harassment. at or, a 0, The new law abolished the old offences of ‘‘rape’’, ‘‘attempted rape’, “indecent assault female’, “indecent assault male’’. The new offence of sexual assault replaces these. The new law does not specif- ically define the term sexual assault. It is, however, any form of sexual activity. Kissing, fondling, or sexual assault. The judge or jury decides - whether, in a particular case, there was a sexual assault. A simple sexual assault is the first level of the new sexual offences. Like simple assault, it can be dealt with in a summary way or by a more complex process. The maximum penalty in the first case is six months in jail. If the prosecution treats the matter more seriously, the penalty could be up to ten years in jail. The procedure and the penalty depend on how severe the sexual assault was. (Department of Justice Canada, 1983). There are two new offences which cover a victim who is injured in a sexual assault. If bodily harm occurs, the penalty is up to fourteen years. If the accused wounds, maims or dis- figures the victim, this is an ‘‘aggra- vated sexual assault’’. The accused could go to jail for life. Again, if the life of the victim is put in danger, even without injury, this is an ‘‘aggravated assault’’ (Department J ustice Canada, 1983). There are many more amendments to the sexual crimes law (far too many to list) which makes it easier to prosecute sexual offences. It also reduces the burden on the victim who testifies in court. (Department of Justice Canada, 1983). available) RESOURCES DOUGLAS COLLEGE WOMEN’S CENTRE 520-5486 For a complete listing of services and activities, please contact Marian Exmann at 520-5486 or stop by the Women’s Centre in Room 2729. THE CANADIAN ADVISORY COUN- CIL ON THE STATUS OF WOMEN The Canadian Advisory Council on the Status of Women (CACSW) has pub- lished a number of works on violence against women. They are all availabe free of charge. Write CACSW for these publications and for their pub- lications list at P.O. Box 1541, Station B, Ottawa, Ontario, K1P 5R5; (613) 922-4975. CRISIS LINES [24 HOUR] Vancouver, North shore, Burnaby Maple Ridge 467-3421 Rape Relief 732-1613 Emergency Translation 254-8617 WOMEN’S EMERGENCY SHELTERS 681-9126 Owl House Society (By referral only through the Ministry of Human Re- sources). Family accommodation, pri- ority to native families. No charge. Vancouver Transition House (11 beds 434-9133 THE HELPLINE FOR CHILDREN (toll-free 24 hours a day)Zenith 1234 * VANCOUVER STATUS OF WOMEN Ph: 873-1427 -feminist organization providing sum- mary advice and referrals. -drop-in centre, resources and re- search facilities. . -400A West 5th, Vancouver. GENERAL RESOURCES WOMEN’S EMPLOYMENT COUNSELLING UNIT — 732-4107 -open 9-5: arranged. special hours can be -career and vocational counselling, = aptitude testing, use of various as- "* sessment tools. -group sessions in life and career ; planning and assertiveness training. -group session for single mothers. -no fee.