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WHITBY FREE PRESS, WEDNESDAY JANUARY 12, 1983, PAGE 3 New sexual assanit law progr..eessiive: local officiais Canadian lawmakers have taken a progres- sive step witb changes in the Criminal Code relating to sexual assault that became ef- fective Jan. 4. That's the opinion of Insp. Doug Bulloch of the Durham Regional police, force and Assist- ant Crown Attorney Ed Bradley. "If it removes the word rape, it's a good tbing," Insp. Bulloch told the F'ree Press Iast week. "The word rape bas always carried a stigma for the victimn."1 The new law breaks down the charge of rape into three categories of sexual assault, remnov- ing the word rape from the lawbooks. "There is'a psycholo- gical lift just because. the word rape bas been removed," says Bradley. "«Rape conjur- ed up some kind of emo- tional involvement on tbe part of the victim." Wbile both men agree there will be a period of difficulty while court of- ficiais and law enforce- ment officers adjust to the new legisiation, they believe in the long mun the changes wiIl be for the better. "Before wben you talked about rape and gross indecency, you were looking strictly at tbe sexual aspect,"' Bradley says. "Now you're emphasizing the unlawful and violent ac- tion." " ... the word nape has always carried a stig- It is this, emphasis on violence as opposed to sexual aspects that is at the beant of the new le- gisiation. "I think it's a good thing," Insp. ]Bullocb SaYs. "It bas long been accepted that you should focus on the charge, not on tbe vic- tim." In focusing on the charge, the courts will consider wbat degree of violence was present in the assault, plot wbether penetration took place as a critenion for charging and sentenc- ing. "...rape conjured up emotional involvement or. the part of the vie- tim."l The three categories of sexual assault are based on the degree of violence used, not the extent of sexual contact. The old charge of rape was a blanket charge that covered a wide scope of offences and always carried a maxi- mnum penalty of life im- prisomnent. "Before, you started with the most serious of- fence (rape> and worked your way down to a lesser offence," says Bradley. 1"Now you go straight to the cate- gory that applies. " "...niost rapes occur be- tween people who know each other." Bradley referred to the practice of auto- matically considering lesser offences if the charge of rape was not upheld. Juries were in- structed by judges to consider included offen- ces 0f indecent assault or common assault if Changes in C Criminal Codt became effecti, week break do charge of rai three degrees of assault, each car maximum minimum penali, The stated int< the changes is toi size the violent ni rape as opposet sexual aspects. Under the new, accused person charged wi th assault, sexual with a weapon, gravated assault. The first covers everythinl fondling to wha formerly knowi rape, but carr "It was a time- honoured defence to show the victim was promiscuous, " Insp. Bulloch says. "Now ,anada's maximum penalty of le that* years imprisonment. ve last Tbe second chare wn the covers the same spe pe into trum of offenses, wit f sexual the use of a weapon,c rrying a threats of using a weï and pon. The maximur ty. penalty for this offens ention of is 14 years imprisor empha- ment. iature of Tbe third and mos dl to its serious charge, aggra vated sexual assaull law, an includes maiming can be wounding and disfigur sexual ing, and carnies a maxi assa 'ult mum penalty of life inm or ag- prisonment. sexual The new law applie equally to men an( charge women. Because pene 1g from tration bas beer at was removed as a conditioj vn as for sexual assault. ries a women can now bx the rape charge failed. "This law just says we consider there are various categories of seriousness in terms of the resuit, or the way in "... a tîme-honourdde fence to show the victim' was promiscuous."1 whicb the act was com- mitted, " Bradley says. Both men 'agree that restricting the use of a victim's sexual history as evidence in a trial adds a degree of protec- tion for the victim. there is a built-in protec- tion for the victim."1 Bradley says it isn't clear whetber more vic- tims wilI take their cases to court because of the restrictions on using sexual history as evidence, but he says it is a step toward giving victims of sexual assault some support in the legal system. "... marriage doesn't give the right to treat your wife as property." "The important cri- terion in whether she wlll corne forward is support," Bradley says. "This gives her support in wrlting. " Bradley says tbat by I. rape law 10 guilty of the offense. The new act also ge allows a person to c- charge bis or her spouse tb with sexual assault, sin- or ce violence against ý- one 's spouse will be con- n sidered illegal. se Restrictions have n- been placed on the use of a victim's sexual bis- st tory as evidence in a a- trial. Sucb evidence can t, now be used only as a r, direct rebuttal of evi- r- dence presented against i- the accused. 1- The new law also breaks down the ýs charges of common dl assault and assault causing bodily harm in- n to three separate offen- n ces of varying degrees ti f severity. allowing people to charge their spouse with sexual assault, the law is reinforcing the view that sexual assault is a violent, not a sexual act. "If you are trying to remove the majority of the. sexcual aspect and emphasize the assault... I don't see wby if a bus- band assaults his wife, she can't charge bim,"l Bradley says. "Mariage doesn't give you the right to treat your wife as a piece of property. " Perhaps the most im- portant effect of the new GUARANTEED SERVICE, GUARANTEED GM PARTS GUARANTEED PRICE Front Wheel Alignment "9S 9 9 F R E E Lubricuion and 2 Y Pt. Inspection with every Oil & Filter change. Offer expires Feb. 15 /83. NURSE ~A2JHORIZED CHEV OLDS COLIO CENTRE. WHITBY Hwy. 2 & Thickson Rd. 668-3304 TOP 0F THE HILL WHITBY. m law is the "'stream- lining"' of offences into distinct categories that each carry maximum and minimum sentenc- "Let's say you have a situation where the ac- cused had no weapon, but uses bis.fist to imply that if she doesn't con- sent, she will be bar- med, " Bradley says. "Under the old act that would have to be' considered rape, and the maximum penalty would have been life im- prîsonment. Now the maximum penalty for that offence would be 10 years." "... there are degrees of seriousness in sexual assault." In this way, the new law affords some pro- tection for those ac- cused of sexual assault. "They don't walk in- to court on a rape charge tbat carnies a maximum sentence of life imprisonment," Bradley says. "There may have been a rape in the technical sense, but because there is no weapon or no wounding, it is not as serious a charge." Bradley says he be- lieves a numnber of fac- tors bave contributed to changes in the law, among them pressure from women's groups devoted to removing sexual discrimination from tbe lawbooks. "In the last 15 years we have seen a drastic change in the way society views women," Bradley says. "We now have a charter of rights that protects women from discrimination." Insp. Bulloch agrees tbat women's groups have contributed to changes in tbe law. "The- feminist groupa have long argued that you should call it (rape) an assault,. because YOU CAN BE A PROFESSUONAL NN AIRSTYLIST ART b TECHNIQUE Hawst*ç ~Schod ENROIL NOW FOR NEXT MONTH'S CLASSES 7 Government Lcensed Instructors 27 uuccesful yomrs of hulrstyllng experience 14 Ontarlo St. 221 Piti St. Oshawa Cornwall 576-047à 938-9313 Thank you for helpirig our studerits todiay to he professional hdirStYIiStS tomiorroW. RAISED TLETHOEAD3S96 ENVELOPESmà The reformed "SPECIAL' 1 j