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

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

Accepted Paper Series