Judicial Decision Making in Child Sexual Abuse Cases

By Margaret M. Wright
Categories: Law & Legal Studies, Law & Society, Health, Social Work & Psychology, Social Work, Social Sciences, Criminology
Publisher: UBC Press
Hardcover : 9780774812641, 208 pages, April 2007
Paperback : 9780774812658, 208 pages, January 2008
Ebook (EPUB) : 9780774841146, 208 pages, November 2011
Ebook (PDF) : 9780774856003, 208 pages, January 2008

Table of contents

Figures and Tables; Acknowledgments; Introduction

1 Recent Events

2 Asking the Questions

3 The Essential Offence

4 The Understandable Offender

5 The Invisible Victim

6 The Elevated Expert

7 The Court as a Site of Struggle Notes

References; Index

Description

In the 1980s, Canada witnessed a public outcry over child sexual abuse cases. Elected officials sought a remedy through legal reforms. Amendments were made to the Criminal Code of Canada and sexual assault was redefined. The word “rape” was replaced with a continuum of categories intended to reflect the full range of sexually intrusive behaviours. Margaret Wright examines how the courts have dealt with child sexual abuse cases since then. She demonstrates that although the laws may have changed, their interpretation still depends on the social construction of children and on judges’ own understanding of what constitutes child sexual abuse.

Reviews

…this thoughtful and frequently insightful book demonstrates that, despite widespread public interest and the changes in law it has engendered, a fundamental right of children not to be sexually victimized by adults is not in fact widely recognized by the Canadian courts.

- Donalee Moulton