The seminar examines sexual assault in domestic and international criminal and civil law. Topics addressed include: 1) comparison of alternate theoretical conceptualizations and legal definitions of sexual assault; 2) interpretation of current substantive law: consent in the actus reus, consent and voluntariness, mens rea, mistakes of fact and law, the 'reasonable steps' provision; 3) administration of justice in relation to sexual assault: police and prosecutorial practices and policy, determinations of credibility and admissibility of evidence, questions of law and fact, the judicial role, jury instructions, sentencing; 4) civil actions; 5) criminal compensation boards; 6) the Charter and international human rights law, the UN Declaration of Human Rights, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979, Declaration on the Elimination of Violence Against Women, 1993, Statute of the International Criminal Court (Rome Statute), 1998, including recognition of 'rape' and other forms of sexual violence of comparable gravity as 'war crimes' and 'crimes against humanity'. Weekly hours: 2 Seminar/Discussion hours and 1 Reading hoursPrerequisite(s): LAW 351 and LAW 423 Note: Students with credit for LAW 818 will not receive credit for this course.
The seminar examines sexual assault in domestic and international criminal and civil law. Topics addressed include: 1) comparison of alternate theoretical conceptualizations and legal definitions of sexual assault; 2) interpretation of current substantive law: consent in the actus reus, consent and voluntariness, mens rea, mistakes of fact and law, the 'reasonable steps' provision; 3) administration of justice in relation to sexual assault: police and prosecutorial practices and policy, determinations of credibility and admissibility of evidence, questions of law and fact, the judicial role, jury instructions, sentencing; 4) civil actions; 5) criminal compensation boards; 6) the Charter and international human rights law, the UN Declaration of Human Rights, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979, Declaration on the Elimination of Violence Against Women, 1993, Statute of the International Criminal Court (Rome Statute), 1998, including recognition of 'rape' and other forms of sexual violence of comparable gravity as 'war crimes' and 'crimes against humanity'. Weekly hours: 2 Seminar/Discussion hours and 1 Reading hoursPrerequisite(s): LAW 351 and LAW 423 Note: Students with credit for LAW 818 will not receive credit for this course.
