Abstract

http://ssrn.com/abstract=2199127
 


 



'The Normal Ones Take Time': Civil Commitment and Sexual Assault in R. v. Alsadi


Isabel Grant


University of British Columbia - Faculty of Law

2012

(2012), 24:2 Canadian Journal of Women and the Law 439-457

Abstract:     
This comment addresses the issue of whether a woman who is civilly committed in a psychiatric facility can ever give a valid consent to sexual activity with someone employed by that facility to ensure her safety and protection. The paper argues that such a consent would be involuntary and invalid because it was obtained as a result of an abuse of a position of trust. It is argued that the imbalance of power between a civilly committed psychiatric patient and, in Alsadi, a security guard employed by the hospital is so significant that no meaningful or voluntary consent can be given by the woman involved.

Number of Pages in PDF File: 19

Keywords: Canada, Criminal Code, Consent, Social Problems, Public Law, Social Policy, Feminist Theory, Mental disabilities, Sexual assault, Civil commitment

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Date posted: January 18, 2013  

Suggested Citation

Grant, Isabel, 'The Normal Ones Take Time': Civil Commitment and Sexual Assault in R. v. Alsadi (2012). (2012), 24:2 Canadian Journal of Women and the Law 439-457. Available at SSRN: http://ssrn.com/abstract=2199127

Contact Information

Isabel Grant (Contact Author)
University of British Columbia - Faculty of Law ( email )
1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
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