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The intricacies of rape in our society
Socialiology on rape culture
Socialiology on rape culture
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Barton’s acquittal in 2011 for the death of Cindy Gladue A non-guilty verdict in the murder trial of Bradley Barton accused of killing Cree mother of three Cindy Gladue who bled to death from an eleven centimetre internal laceration argues that the wound was the result of rough sex. Gladue known in Edmonton as a sex worker spent two night with Barton in an Edmonton hotel room in June 2011. This essay will argue the appeal that was warranted through looking firstly at feminist analyses of sexual assault and legal consent, secondly, the contexts of intersectional power relations/ interlocking oppressions such as Gladue being a women from a Cree nationality who works as a sex worker, thirdly the problematic notion of Gladue being the bearer …show more content…
In the Barton vs. Gladue case the jury did not see this as manslaughter, as the jury consisted on most men nine to be exact while only two women (Hunt & Sayers, 2015) who if disagreed with the verdict would be trumped as the majority vote overrules and it is also worth noting there were no aboriginal persons in that jury (Busby, 2015), so how could they identify or understand Gladue better and if that was the case the verdict may have been different. And for this reason we can suspect the power relations between men and women, different cultural oppressions and women whom are perceived as an oppressed group, so Gladue had no fighting …show more content…
55), but this was taking away from Gladue not only by Barton, but also through the courts, as the case was acquitted. The constitution act also states in section fifteen subsection one that “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disabilities” (Canada, Last revised 2016, p. 56); however, we notice that this case was acquitted was it because Gladue was of aboriginal descent or she worked as a prostitute or that she was simply just a women who has no power? As this leads us to assume such injustice were present in this court case, because if there was three other reported cases in Canada over a twenty year span where victims succumbed to their injuries resulted from rough sex, and those cases all defendants were convicted with murder charges, why was Barton’s case
Rape is a hidden epidemic that affects many lives world wide. It is a problem that is so terrifying and uncomfortable that people do not talk about it. John Krakauer, author of Missoula, focuses on this issue of rape in the college town of Missoula, Montana. His focus is specifically on the case of Allison Huguet and Beau Donaldson. As the progression of Allison 's case continues we learn of more and more rape cases that happened to women on this same campus. A majority of women do not report these cases, we later learn as Krakauer continues through Allison 's case, because reporting and pursuing the case would be giving their life away. [4] Of course Allison decides to go through the trails of Beau Donaldson, however it is obvious that it is extremely difficult to convict someone with little evidence. As hard of a read as Missoula
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
This essay will examine Susan Estrich’s and Lois Pineau’s discussion on rape. Both contribute insights on our society’s negligence when it comes to the protection and justice for women. Estrich provides a peak into the legal system on how it determines rape. We will see that the law is shaped in a way that continues to oppress women and leave them unprotected. Pineau furthers the conversation on placing responsibility on the victim to prove the crime. She narrows her focus on date rape and raises an objection to the model of consent that shapes our culture’s attitude and our country’s law. Pineau proposes a communicative model of sex. From this proposal, I will conclude my essay with an objection of her model and will ultimately defend her model against such an objection.
Robert William “Willie” Pickton is currently serving a life sentence for the second degree murder of six British Columbian women. Although convicted for the murders of six victims, physical and forensic evidence for thirty-three women was uncovered at Pickton’s Port Coquitlam pig farm which served as the crime scene for his murders. Numerous other missing women, mostly marginalized prostitutes with chronic drug addiction, from Vancouver’s Downtown Eastside area remain unaccounted for. It is not unreasonable to assume that they too, met the same disturbing fate as the other murder victims. Pickton’s modus operandi for the serial murders was the same; he would prowl the drug and poverty ridden Downtown Eastside neighbourhood of Vancouver looking for potential victims, take the victims back to his Port Coquitlam pig farm, and then sexually abuse, torture, and murder them before mutilating and disposing their bodies. Most disturbingly, the victim’s remains were allegedly fed to the pigs on his farm, which were then slaughtered with the meat given out to associates of Pickton or to visitors of the farm (The Pickton Trial, CBC.ca/news).
Martin, Sheilah L. "R. V. Morgentaler Et Al." Canadian Journal Of Women & The Law 1.1 (1985): 194-205. Academic Search Complete. Web. 16 Nov. 2013.
Many women have been mistreated at one point or another in their lives. This form of abuse assumes many forms and is not always visible to the naked eye. One of these such hardships that women of the 20th century have had to face is the struggle for equality. In Canada, the Charter of Rights and Freedoms affords women full equality before and under law and equal protection and benefit of the law.1 But yet, this society openly contributions to the production, sale, and distribution of pornography which implies that women are second class citizens. Destroying these stereotypes which portray women as slaves, objects, toys, and mindless, sex-driven beings must be accomplished in order for women to attain true equality. The censorship of pornography is not in violation of the Freedom of Expression guaranteed in section 2 (b) of the Canadian Charter of Rights and Freedoms since pornography drastically compromises a woman's right to equal treatment as was proven by the R v. Butler ruling of 1992, it makes those portrayed in pornography subject to acts of violence, and it corrupts the moral fiber of society.
Imagine Kirsty and Marc, a young couple who resort to robbing a house in a desperate attempt to make money. They are caught, charged with the same crime and given the same sentence, except for one thing: the male dominant world we live in does not stop at the courtroom door. Marc is sent to a medium security prison one hour from his family with every opportunity to earn his way into a minimum-security facility. He spends his days learning to cook in the kitchenette and has access to basic necessities like aftershave or hairspray. Meanwhile, Kirsty walks into her frigid six-by-ten foot cell with bars for a door, a toilet in plain view and not a trace of sunlight. She is twelve hours from home with no hope of changing location since there is nowhere else to go. The stories of rapes, beatings and riots told by her new neighbours are endless. Kirsty realizes that the only way for her to survive this place is to oppose nature and forget what it is to feel. This is discrimination against women as they are penalized more severely than men for committing less crime. How can women strive for equality when they cannot attain justice in the justice system itself? The controversy over the gender bias goes beyond the "too-few-to-count" syndrome as Sally Armstrong calls it, it is a question of women's constitutional right to be treated equally.
Australia Human Rights Commission (2011) ‘Sex discrimination’, Attorney-General of Australia, Canberra, viewed 5 October 2011 .
“Honey, you’re not a person, now get back in the kitchen and make me a sandwich!” If a husband were to say these words to his wife today, he would likely receive a well-deserved smack to the face. It is not until recently that Canadian women have received their status as people and obtained equal rights as men. Women were excluded from an academic education and received a lesser pay than their male counter parts. With the many hardships women had to face, women were considered the “slave of slaves” (Women’s Rights). In the past century, women have fought for their rights, transitioning women from the point of being a piece of property to “holding twenty-five percent of senior positions in Canada” (More women in top senior positions: Report). The Married Women’s Property Act, World War I, The Person’s Case, and Canadian Human Rights Act have gained Canadian women their rights.
...ough group and individual models of deviant behaviour. The patriarchal pedagogy and structures that set the stage for permitting sexual assault to occur historically, still continue today, although in more subtle ways. Women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today's world. Men are usually in power positions, especially of an economic nature, and women are seen as passive. Marxist-feminist and differential identification are two theories that can be used to effectively explicate the cycle of sexualized violence in Canadian society today. In order to deal with the occurrence of sexual assault in our society, we must examine its causes more deeply. We must understand the sociology of sexualized violence in order to effectively explicate its groups and individual dynamics.
Both males and females amongst the aboriginals are overrepresented in the various levels of secured custody. However, based on the enormity of the native involvement in the Canadian Penal System, there have been a number of commissions meant to resolve the dilemma regarding the aboriginal people (Crnovich 2005 : 8). While both the premises of the aboriginal and also the contemporary models related to justice have been identified as being mu...
Today, Native American women continue to be victimized and remain vulnerable targets within, their communities, reservations, tribal law enforcement agencies, and federal law enforcement agencies. In order to restore peace and justice for Native women we first need to have critical and substantive discussion regarding all aspects of sexual assault on r...
Sethe is an extremely devoted mother who is willing to go great lengths to protect her children. Although she cannot even recognize her own mother from anything besides a scar (72) she still understands the importance motherhood can play in a woman’s life. As a slave, Sethe is stripped of her rights to obtain an education, a career and so much more, however, she does not allow her rights to be a wife, a mother, and to bear children get taken from her because she knows these are a few things in life that are only granted to women. When she d...
Toronto, Canada: Canadian Scholars' Press, 2000. 167-186. The 'Secondary' of the 'Secon Ogawa, Brian K. Color of Justice: Culturally Sensitive Treatment of Minority Crime Victims. Allen and Bacon: Needham Heights, MA, 1999. Saleh Hanna, Viviane.
Catherine Mackinnon’s radical feminism theory argues that societally is patriarchally dominated by males (MacKinnon 16). The legal system therefore has an inherent male bias. As seen in Susan Glaspell’s short story, “A Jury of Her Peers,” the male-dominated jury would not have acknowledged the psychological trauma of Mrs. Wright’s situation. The facts of the case would have proven her guilt, but the male-dominated legal system would not have accounted for the experiences of Mrs. Wright. As domestic women, Mrs. Hale and Mrs. Peters were able to identity with Mrs. Wright and understand her