Comment: The stubborn persistence of sex-assault myths
Only yes means yes -- anything else must be considered a no
By Cindy Player, Special to Times Colonist November 25, 2010 Comments (10)
A B.C. Supreme Court justice this week found a 30-year-old Victoria man guilty of sexual assault causing bodily harm to his girlfriend in July 2008.
Media reports about the trial revealed myths and assumptions about sexual assault continue to play a role in the courts and society.
Sexual assault survivors, support centres and women's groups have been working to dispel these myths for more than 30 years.
It is disturbing that in 2010 these harmful myths are still finding their way into arguments made by defence lawyers and the media.
The following quotes from reports on the trial reveal six common myths about sexual assault.
"A young woman was not the victim of a long and violent sexual assault but agreed to have consensual sex with her boyfriend, a defence lawyer suggested yesterday in B.C. Supreme Court."
This statement illustrates three myths.
Myth No. 1: Sexual assault is just sex. What a woman describes as a long and violent sexual assault (one where a physical exam two days later recorded redness, tearing and soreness in the genital area, abrasions on several areas of the women's body and multiple bite-like marks on her breasts) is redefined as consensual sex by the defence lawyer. Sexual assault is not sex. It is a violent crime that often has long-term consequences for women's health and well-being.
Myth No. 2: Sexual assaults are committed by strangers. Consequently, a sexual assault by a "boyfriend" is less likely to be recognized as a crime or seen as less serious and less harmful. It isn't a real rape. The reality is that most women who are sexually assaulted are assaulted by men they know -- dates, family members, neighbours, friends, husbands, co-workers and current or former boyfriends.
Myth No. 3: Women lie about sexual assault. Statistics indicate that false reports of sexual assault occur no more frequently than false reports of other crimes. In fact, sexual assault is a vastly under-reported crime.
"She had been diagnosed with bipolar disorder and she took lithium twice a day, every day."
Myth No. 4: Women who live with mental illness are even more likely to lie about sexual assault. The relevance of the victim's medical condition is not clear except for its efficacy in undermining the victim's credibility -- often a pivotal factor in sexual assault cases. Stigma and discrimination discredit the voices of people who are diagnosed with mental illnesses and prescribed medication. Sexism creates a double whammy by lending male voices greater credibility. In fact, women with disabilities (physical and mental) are more vulnerable to sexual assaults. A Toronto study found that 83 per cent of female psychiatric in-patients reported a history of physical or sexual abuse.
"Even though she knew the accused was abusive and a problem drinker who needed counselling, she still went out drinking with him."
Myth No. 5: A woman's behaviour is the cause of the sexual assault. The defence lawyer was reported to have made the above declaration to the victim. He also said she could have gone home at any point during the evening and instead she went to nightclubs and drank and danced with her attacker. Underlying these statements is the idea that the victim exposed herself to the risk of sexual assault and she should have known better. This places the responsibility for the assault on the victim and absolves the perpetrator of responsibility.
"We were buzzed, says defendant in sexual assault trial."
Myth No. 6: It's not sexual assault if it happens after drinking or taking drugs. Substance use by the victim is seen as inviting sexual assault while substance use by the perpetrator absolves him of responsibility.
In fact, someone who is intoxicated is not capable of giving consent. Engaging in sexual activity with someone who is incapable of giving consent is sexual assault.
Sexual assault is a violent crime. Sexual activity requires the consent of both parties.
No means no. Not now means no. I'm tired means no. I'm too drunk means no. Stop means no. Please don't means no. Saying nothing can mean no.
Only yes means yes.
Cindy Player has worked for many years against violence against women and currently is involved with national and local groups working to eliminate stigma and discrimination against people living with mental illness.