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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