Janine Benedet

Now, it's not entirely correct, though, to say that there is nothing that could be used in those circumstances. And there are cases where judges have been and crowns have been a bit more creative in kind of using other tools that were in the law at the time.

Now, it's not entirely correct, though, to say that there is nothing that could be used in those circumstances. And there are cases where judges have been and crowns have been a bit more creative in kind of using other tools that were in the law at the time.

gross indecency doesn't require proof of non-consent. It's based on kind of the standards in the community at the time about whether or not this conduct was indecent, whether it went beyond what we would tolerate individuals engaging in. So it's not an unproblematic offense. You know, it's got a kind of morals component to it. It's been used in discriminatory ways.

gross indecency doesn't require proof of non-consent. It's based on kind of the standards in the community at the time about whether or not this conduct was indecent, whether it went beyond what we would tolerate individuals engaging in. So it's not an unproblematic offense. You know, it's got a kind of morals component to it. It's been used in discriminatory ways.

But for this kind of fact scenario, it's actually tailor-made.

But for this kind of fact scenario, it's actually tailor-made.

that profound breach of trust and the idea that they were manipulated and lied to and that their innocence and their trust was so grossly abused.

that profound breach of trust and the idea that they were manipulated and lied to and that their innocence and their trust was so grossly abused.

My name is Janine Benedet, and I'm a professor of law at the University of British Columbia. My research focuses on laws relating to sexual violence against women, and in particular, the criminal law of sexual assault, the way that that's developed over time and the way that courts apply it today.

My name is Janine Benedet, and I'm a professor of law at the University of British Columbia. My research focuses on laws relating to sexual violence against women, and in particular, the criminal law of sexual assault, the way that that's developed over time and the way that courts apply it today.

People can only be punished for what was criminal at the time that they did it. And so those older, we would say now, you know, antiquated and deeply problematic understandings of non-consent would govern in a criminal courtroom in 2023.

People can only be punished for what was criminal at the time that they did it. And so those older, we would say now, you know, antiquated and deeply problematic understandings of non-consent would govern in a criminal courtroom in 2023.