Friday, 15 November 2013

Unfounded Sexual Assault and Cultural Interpretation

In my transcription work with the Indo Women’s association I am consistently hearing the representatives of support centers explain the difficulties new immigrates to Canada have in understanding the laws. New immigrates experience a multitude of changes; the language and Canadian laws are just a few areas they must immediately and directly face. Much of what I am transcribing speaks of the confusion/language barrier or straight out wrong interpretation of Canadian sexual assault law. Armed with a new empowerment of women’s rights, new immigrant women may interpret our police force as individuals who come to your home in support of your opinions.
These ideas brought me back to the article by Teresa DuBois on “unfounded” and “false allegations,” where police still believe that “women have a natural inclination to make false allegations of rape.” (2012, p. 201)

If police are including the allegations made by anyone who has misinterpreted the law due to any of the multitude of cultural explanations, the rate of “unfounded” and “false allegations” could very likely be elevated on a misunderstanding. (DuBois, 2012)

1.     Should there not be a third category of allegations, something that speaks to a misinterpretation of the culture/language/law?
2.     Should we have cultural liaisons’ in place to work with individual families through the adjustment period? Are these out there?
3.     If it is recognized that this is a misunderstanding, should it not be removed from the statistics of “unfounded” or “false allegations”? Or is this aspect already considered and removed from the current data?





Teresa Dubois, “Police Investigation of Sexual Assault Complaints: How far have we come since Jane Doe?,” Elizabeth Sheehy, ed., Sexual Assault in Canada: Law, Legal Practice and Women’s Activism (Ottawa, University of Ottawa, 2012) http://login.ezproxy.library.ualberta.ca/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=cat00362a&AN=neos.5592592&site=eds-live&scope=site

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