CRIMINAL | Evidence That Rape Myths Still Prevalent in Court in 2021.

• Date: 01 May 2021
• Author: Izadi, Melody
• Published date: 01 May 2021
• Author: Izadi, Melody

Despite a social-conscious awakening, one trial proves archaic rape myths still exist.

A much-needed push against old-think myths and stereotypes of sexual assault victims led to a revamp of the Criminal Code. The changes updated when and how prior sexual activity of a complainant can be used in court. It took many generations and a consorted effort amongst feminists, lobbyists and victims of sexual abuse to convince many that, for example, a sex trade worker can be sexually assaulted. It was an almost novel and frustrating concept that some thought just because a complainant is sexually active--or was sexually active yesterday or even had sex with the accused on a prior occasion--that her character was flawed. And further that she was not only lying but could never be a victim. It is almost inconceivable that this was something we had to argue about.

In tandem with this push for social change is the need to dispel with rape myths and stereotypes around how a sexual assault victim should, must, and will act. It can hardly be disputed that some may cry, some may act perfectly "normal", some may run into a police station, some may seek therapy, and some may not. In short, there is no "right" way to behave. The jurisprudence in our court system is clear: a judge cannot rely on these rape myths to assess a...