Assault rates have greatly increased in the past couple of years. Assault cases are not reported to the police. According to one of the articles that will be discussed later in this paper victims of assault choose to keep the fact that they’ve been assaulted to themselves rather that reporting it to the police. There will be two cases discussed in this paper first a case in Canada R v Ma ‘Alin where the defendant has been accused of assault. The second case that will be discussed in this paper is in New York called Maureen Kepler. Assault rates have increased as they are not reported to the police. In general an assault can be considered as an intentional act causing harm to another. According to the Criminal Code of Canada assault is applying …show more content…
Summarily can be defined as a concise legal proceeding without a jury. Indictment is a legal proceeding with a grand jury present. If the Crown were to choose to proceed by indictment the maximum sentence is 5 years in jail. The consequence of being found guilty of assault can range anywhere from absolute discharge to a term of imprisonment. Assault with a weapon or assault causing bodily harm charges are considered more serious and the maximum sentence upon conviction is 18 months in jail if the Crown proceeds summarily and 10 years in jail if the Crown chooses to proceed by …show more content…
Victims are usually more likely to receive help from other sources. According to the survey that was taken by Thomson and Langley “the number of assaults reported by victims is lower than the total number of assaults known by the police.” For the victim to report an assault there are several decisions the victim must
Canada is perceived as a very peaceful country that protects its citizens with appropriate laws and legal processes. However, after researching sexual assault in Canada, that statement seems preposterous. To third world countries, this would be true, although this is not the case for those who are accustomed to living in a first world environment. The world tends to consider Canada to be one of the most progressive countries, but this cannot be when we are still deprived of the justice system we claim to have; today we do not have a justice system, we have a legal system. An answer to the question of whether or not the current state of our country’s legal process and laws involving sexual assault are effective as they could be is yet to be
Sexual assault is the act of sexual intercourse without consent of the other person according to New South Wales Consolidation Act of 1900 (Austlii 2011) and is also described by the Australian Standard Offence Classification as ‘non-consensual’ acts or intents of sexual nature (ASOC 2008, p. 31) has become one of the most predominate crimes creating social harm in Australia. Social harm is defined as the negative influence through consequences impacting from the individual to the living conditions of the surrounding public (Cain & Howe 2008, p. 26). Sexual assault poses a social threat to all aspects of community, spreading insecurity in the 9000 victims across Australia and 1900 victims in NSW alone as indicated in the Australian Bureau of Statistics Crime Victimisation Report (ABS 2011, p. 40). This is supported by the victimization rate of all sexually assaulted victims between ages 10 to 14 being 4 times greater than all the other age groups (ABS 2010). Another major issue within the boundaries of sexual assault is that it holds one of the lowest prosecution rates with only 1 in 10 incidents able to prosecute the offender as guilty (Fitzgerald 2006, Pg. 1). The abundance of statistics and reports conducted all imply that sexual assault is still a predominate issue of crime within Australia.
Therefore any injury sustained by a child which is serious enough to warrant a charge of assault occasioning actual bodily harm cannot be considered to be as the result of reasonable punishment.
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Intimate partner violence has been a significant issue for centuries in all countries. "Since 1974, nearly 2,600 spousal homicides have been recorded in Canada" (Bunge, 2002). Of these homicides, more than three-quarters have been against women. Although through feminism and the women's liberation movement, there has been a slight improvement in the incidences of violence against women, there has also been a drastic change in the perception of the issue by society. After reviewing the most recent literature on violence against women and victimization through intimate partners, it has become prevalent that there are now two crucial stances that are taken. The first position is that of the women being victimized as the main issue, including prevention, causes and incidences. The second position is that of women becoming more 'aggressive' and the issue of violence against both men and women. "Wife battering- the original problem constituted by the 1970s feminists- has morphed into 'domestic violence' and then into 'husband abuse'" (Minaker, 2006). This literature review will examine the background information on intimate partner violence including different arguments and perspectives, theories, and methodologies as well as discuss the major findings and future directions of research.
Violence has become prevalent within society; it is something the western world has learned to accept. With every minute that passes Canadians come face to face with certain acts of violence they may not have previously encountered (citation). Although, violence is not a subject that one can escape, women and children have unfortunately become the prime victims of violent acts. The media glorifies violence in other countries around the world it fails to address the presence of violence within Canada. Although violence is usually associated with gangs and guns, Canada experiences more violence related to bullying, sexual, verbal, cyber and domestic abuse (citation). Amidst the changing societal views towards treating women equally and eliminating objectification, of all these types of violence and abuse in our society, the most common still happens to be domestic abuse, which is mainly targeted at women and affects children. Domestic abuse is described as a form of abuse that takes place in the confines of the household (Citation). Though 51% of Canadians have said to have experienced or witnessed domestic abuse only 20% of those cases related to domestic violence are ever reported (citation). Domestic abuse has become more prevalent in modern society; however, it is an issue that is left un-noticed simply because its effects are invisible outside the walls of ones home. In reality the effects of domestic violence have severe negative effects on women, children and the social structure of today’s society. Without any notification of domestic violence the re precautions of this abuse can be dire. When an individual thinks of domestic abuse, their ideas quickly relate back to women, simply because women are the usual and most common victims of domestic violence. And therefore is an issue that must be resolved rather than ignored.
In the majority of early cultures and societies, women have always been considered subservient and inferior to men. Since the first wave of feminism in the 19th century, women began to revolt against those prejudicial social boundaries by branching out of the submissive scope, achieving monumental advances in their roles in civilization. However, gender inequality is still prevalent in developed countries. Women frequently fall victim to gender-based assault and violence, suffer from superficial expectations, and face discriminatory barriers in achieving leadership roles in employment and equal pay. Undoubtedly, women have gained tremendous recognition in their leaps towards equal opportunity, but to condone these discrepancies, especially
According to Statistics Canada, only one in ten sexual assaults are reported to police, making the prevalence of sexual assault in Canada difficult to quantify (Statistics Canada, 2004). According to a National Crime Victimization Survey, 512 200 rapes or sexual assaults occurred in the 12 months preceding 2004, making an incidents rate of 1977 per 100 000 people (Bennell et al., 2011).
“A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. In all jurisdictions statutes punish such aggravated assaults as assault with intent to murder (or rob or kill or rape) and assault with a dangerous (or deadly) weapon more severely than "simple" assaults.”
... There are all kinds of reasons people may choose not to report the abuse to police. This can apply to the victim, caregiver or bystander especially when severe legal penalties apply. People begin to second guess whether notifying law enforcement is the right action to take. Works Cited Conklin, J.E., Criminology, 10th edition, Boston: Pearson Education, Inc. 2007.
In Canadian society, the numbers of sexually violent incidents in universities continue to grow. Every year, approximately 58.7% of first-year female students experience forms of sexual violence, a growing concern for universities (Senn et. al. Results). Women constantly say they will never be victims of sexual violence, yet studies show that one in four women have been sexually assaulted (Senn et. al. 2). Although sexual violence will never completely be resolved, the policies created by universities across Canada have proven to be ineffective when compared to student efforts. Also, Canadian universities lack a sufficient number of policies that address sexual violence and have a high number of sexual assaults, which demonstrate the ineffectiveness
In some states, they have made it a crime to assault officials. Twenty states have made it a crime. In Illinois, it is a minimum of $...
Hitting an individual is an act of battery while threatening the person is an assault; the
She mentions how the victims choose to keep quiet about the incident, since they fear their attacker will harm them for reporting the incident. Adefolalu mentions, "Victims who feared reprisal attacks from perpetrators were five times more likely to delay presentation than those who were not. " My hypothesis is fear of their assault prevents an individual from reporting a sexual assault committed towards them. My null hypothesis is fear does not affect if an individual reports a sexual assault. My independent variable is fear of assault and my dependent variable is unreported sexual assault.
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