Contents:
Rape History
Rape Legal History of Rape In Canada
Introduction to Rape History
Like the United States, Canada modeled its criminal law on English common law. Consequently, Canadian rape laws primarily attempted to protect men accused of rape. Prior to legal reforms in the 1980s, husbands were immune from prosecution for raping their wives. Canada also supplemented the English common law safeguards for men accused of rape. A fresh complaint rule was imposed, prosecutors were permitted to introduce evidence of the victim's past sexual history to attack her credibility, and judges instructed juries about the dangers of convicting a suspect on the uncorroborated evidence of the complainant.
In the late 1970s and early 1980s the Canadian Parliament reformed these traditional rape laws and doctrines, adopting a new statutory scheme governing sexual assault. Under the current criminal code, both men and women may be found guilty of criminal sexual assault, and marital immunity has been repealed. Furthermore, lawmakers have eliminated many of the evidentiary rules intended to make rape prosecutions more difficult, including the fresh complaint rule and the requirement for corroboration.” (1)