Author Archives: Lise Gotell

About Lise Gotell

Lise Gotell is the Landrex Distinguished Professor in Women’s and Gender Studies at the University of Alberta. Her teaching and research focus on law and feminism and on sexual assault law. She is the past National Chair of the Women’s Legal Education and Action Fund.

Legal Gaps Persist For Intimate Partner Sexual Violence After Key Ruling

By: Jennifer Koshan and Lise Gotell

PDF Version: Legal Gaps Persist For Intimate Partner Sexual Violence After Key Ruling

Case Commented On:  R. v. Goldfinch, 2019 SCC 38 (CanLII)

It has been over 25 years since Supreme Court of Canada Justice Claire L’Heureux Dubé discredited the myth that rape is most often perpetrated by strangers in R v Seaboyer; R v Gayme, 1991 CanLII 76 (SCC), [1991] 2 SCR 577. Sexual violence by men against their female intimate partners is, sadly, a common occurrence in Canada and worldwide. Yet myths about spousal sexual violence – marital rape myths – continue to infuse the approach to sexual assault by a wide range of legal actors, including police, prosecutors, defence lawyers and judges.

These myths include the beliefs that consent can be assumed or implied within intimate relationships, that women frequently make false accusations to gain an advantage in family law proceedings, and that marital rape is less serious than rape between strangers because the parties have had sex before. Social science evidence has established that marital rape is often more violent, not less, that injuries are more commonly experienced, and that survivors experience higher rates of trauma. Continue reading →