Feminism and violence nov 7

Coverture

a common law doctrine where a married woman’s legal identity was suspended and absorbed by her husbands

-couldn’t own property

-sign contracts

-no legal control over kids

-body belongs to husband

What is Formal Equality (Equality of Opportunity)?

Equality of treatment on paper in theory , provided the decision-maker agrees that the two groups are equally situated.

What is Substantive Equity (Equality of Outcomes)?

Ensuring women and men are equal recipients of benefits and burdens in society (e.g., equally free of violent assault).

-acknolwedge barriers that women face

What three common law principles historically made rape prosecution difficult for women?

1) Report of offense at the earliest opportunity (to rebut presumption of falsity); 2) Use of women's past sexual history to demonstrate lack of credibility; 3) Jury warning against convicting based solely on uncorroborated testimony.

In the 3rd Wave, how did new practices related to wife assault further the crimination of women?

Through gender-neutral offenses and policies which led to counter-charging women (e.g., charging women who resist or fight back against violence).

What is the ultimate conclusion of the presentation regarding law as a solution to violence against women?

Law alone cannot advance women's rights or end violence; there needs to be a political commitment and support for women's movements.

Why was it so hard to change?

-police and judges were slow to change their old ways

-the charter of rights and freedoms was used against women, lawyers argued that these new laws against female violence violated a man’s right to fair trial

-women could be charged with assault if they fought back due to certain laws

what happened in 1994

parliement passed a law saying that extreme intoxication could be defence against sexual assault/ rape, but repealed it after blacklash from public