Case Commentary: R. v Walsh and the “Myth” of Marital Rape
This case commentary explores the law of sexual assault and the meaning of “consent” in the context of intimate relationships. In Walsh, the Newfoundland and Labrador Court of Appeal ruled on the boundaries of consent with respect to marital partners. This ruling represents a setback for women'...
Published in: | Canadian Journal of Women and the Law |
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Language: | English |
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University of Toronto Press Inc. (UTPress)
2016
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Online Access: | http://dx.doi.org/10.3138/cjwl.28.1.230 https://utpjournals.press/doi/pdf/10.3138/cjwl.28.1.230 |
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crunivtoronpr:10.3138/cjwl.28.1.230 2023-12-31T10:19:22+01:00 Case Commentary: R. v Walsh and the “Myth” of Marital Rape Vayeghan, Mohammad 2016 http://dx.doi.org/10.3138/cjwl.28.1.230 https://utpjournals.press/doi/pdf/10.3138/cjwl.28.1.230 en eng University of Toronto Press Inc. (UTPress) Canadian Journal of Women and the Law volume 28, issue 1, page 230-240 ISSN 0832-8781 1911-0235 Law Sociology and Political Science Gender Studies journal-article 2016 crunivtoronpr https://doi.org/10.3138/cjwl.28.1.230 2023-12-01T08:18:20Z This case commentary explores the law of sexual assault and the meaning of “consent” in the context of intimate relationships. In Walsh, the Newfoundland and Labrador Court of Appeal ruled on the boundaries of consent with respect to marital partners. This ruling represents a setback for women's equality because it infers that consent can be implied by marriage. Regrettably, this error in law is legitimatized by the old and pervasive myth that rape cannot occur between married couples. However, as repeatedly confirmed by the Supreme Court of Canada, the law of consent is the same irrespective of the nature of the relationship between the complainant and the accused. Article in Journal/Newspaper Newfoundland University of Toronto Press (U Toronto Press - via Crossref) Canadian Journal of Women and the Law 28 1 230 240 |
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Open Polar |
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University of Toronto Press (U Toronto Press - via Crossref) |
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crunivtoronpr |
language |
English |
topic |
Law Sociology and Political Science Gender Studies |
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Law Sociology and Political Science Gender Studies Vayeghan, Mohammad Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
topic_facet |
Law Sociology and Political Science Gender Studies |
description |
This case commentary explores the law of sexual assault and the meaning of “consent” in the context of intimate relationships. In Walsh, the Newfoundland and Labrador Court of Appeal ruled on the boundaries of consent with respect to marital partners. This ruling represents a setback for women's equality because it infers that consent can be implied by marriage. Regrettably, this error in law is legitimatized by the old and pervasive myth that rape cannot occur between married couples. However, as repeatedly confirmed by the Supreme Court of Canada, the law of consent is the same irrespective of the nature of the relationship between the complainant and the accused. |
format |
Article in Journal/Newspaper |
author |
Vayeghan, Mohammad |
author_facet |
Vayeghan, Mohammad |
author_sort |
Vayeghan, Mohammad |
title |
Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
title_short |
Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
title_full |
Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
title_fullStr |
Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
title_full_unstemmed |
Case Commentary: R. v Walsh and the “Myth” of Marital Rape |
title_sort |
case commentary: r. v walsh and the “myth” of marital rape |
publisher |
University of Toronto Press Inc. (UTPress) |
publishDate |
2016 |
url |
http://dx.doi.org/10.3138/cjwl.28.1.230 https://utpjournals.press/doi/pdf/10.3138/cjwl.28.1.230 |
genre |
Newfoundland |
genre_facet |
Newfoundland |
op_source |
Canadian Journal of Women and the Law volume 28, issue 1, page 230-240 ISSN 0832-8781 1911-0235 |
op_doi |
https://doi.org/10.3138/cjwl.28.1.230 |
container_title |
Canadian Journal of Women and the Law |
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28 |
container_issue |
1 |
container_start_page |
230 |
op_container_end_page |
240 |
_version_ |
1786825381412601856 |