(2012), 24:2 Canadian Journal of Women and the Law 439-457
19 Pages Posted: 18 Jan 2013
Date Written: 2012
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.
Keywords: Canada, Criminal Code, Consent, Social Problems, Public Law, Social Policy, Feminist Theory, Mental disabilities, Sexual assault, Civil commitment
Suggested Citation: 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: https://ssrn.com/abstract=2199127