The Defendants is a podcast exploring how sexual assault cases move through the justice system… and why it never seems to work in favour of victims. We want to know what has to change within the system for it to actually work, and we are interrogating what justice means in the aftermath of trauma. This is a podcast where we figure out exactly how this system fails, why, and what to do about it.
In episode 2 we’re trying to understand how we can better insert victims rights into the legal process… without superseding the rights for accused individuals.
SHOW NOTES:
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If you have questions or ideas about the show we’d love to hear them! Email us at defendantspodoutreach@protonmail.com You can also find us on instagram. We’re thedefendantspodcast and Jane is jane_aster_roe
If you want Jane to appear on your show email Dalton Higgins at daltonhigginspr@gmail.com
Key Topics
0:10 - The law has a gender
2:06 - Common law and British colonial history
3:15 - A system designed to exclude: patriarchal origins of law
6:11 - Women as property
8:11 - Spousal rape criminalized (1983)
8:24 - Consent enters the Canadian Criminal Code (1992)
9:17 - Rape shield laws (1992)
9:55 - Why the system moves so slowly
10:32 - Reactionary periods and stalled progress
11:41 - Revenge porn and deepfakes
12:38 - “Consent is like a cup of tea” metaphor and stealthing
13:43 - Life after #MeToo
Resources:
SA Survivor Resource Document - This document contains Canadian, U.S, and Global sources to find guidance, information, and aid for survivors of sexual assault. Detailed descriptions of each resource within the document.
Quote sources:
Rape Law History: When Did It Begin? - Law Shun by Cameron Miranda
“A law in 1662 said that children of enslaved women and white men were not legally free, so any children resulting from rape were additions to slave owners.”
“1861 in America sees black women being allowed to file rape charges against white men…. and shortly after, the age of consent is raised from 10 to 14 in both Canada and the US.”
The Equal Credit Opportunity Act
“This leads to 1974 when women in the US were finally allowed to open bank accounts without a male relation or husband.”
Rape Shield Law: Landmark Case - Law Shun by Keith Mack
“1992 also brings the provision of rape shield laws to canada with the United States following federally in 1994. Rape shield laws attempt to limit the ability for the defence to introduce evidence of a victims sexual conduct that isn’t relavent to the case at hand.”
Spousal Assault Laws - Elmwood Community Resources
“In 1983 Canada recognizes that a husband can rape his wife, and criminalizes it. Several US states are doing so as well, and in 1993 all 50 states recognize spousal rape.”
Revenge Porn Act - Government of Canada
“Revenge porn, which is the sharing of intimate naked photos to other people, became illegal in Canada in December of 2014, with England following in 2015 and Scotland and North Ireland in 2016. Currently it’s illegal in 34 US states.”
Supreme Court rule on “stealthing” - CBC News by Richard Raycraft
“Stealthing, - removing a condom during sex without telling your partner, was ruled illegal in Canada in 2022, after a woman went to the police and realized there wasn’t a law on the books to describe her experience.”
Defining consent - Government of Canada: A Definition of Consent to Sexual Activity
“This will later be updated to define consent as a voluntary agreement, and to say that consent can be withdrawn at any time.”
Judge Required Training - Government of Canada
“Canada’s biggest response to the movement was a legistlation requiring judges to go through training to better understand how social context and sexual assault interact….”
Additional References:
The “Vindictive Wife”: The Credibility of Complainants in Cases of Wife Rape by Ruthy Lowenstein Lazar
A paper that studies the development of assault cases with “long-term relationship” complainants, how myths and sexism continue to inform their verdict.
Video Links
Legal System Basics: Crash Course Government and Politics
“Consent is a Cup of Tea” - Tea Consent (Clean)
Music:
Our theme is Isolation Waltz by Bryan Teoh
Other music appearing in this episode:
Medieval various music by ZHRØ
Medieval various music by ZHRØ
Ambient and Saturated Pad by Geoff-Bremner-Audio
Fur Elise Music Box by UltraGSV
Scrappy 1990s indie guitar tune - slowed / pitched down by Johnmode
Full Team:
Jane Aster Roe - Executive Producer, Host
Rachel Arundel - Executive Producer
Katie Jensen - Executive Producer, Editor, Sound Designer
Jessica Strachan - Story Producer
Charlotte Gregg - Research Producer
Isis Madrid - Editor, Sound Designer
Rachel Bromberg - Fact Checker
Dawson Fleming - Production Assistant/Voice Actor
Michelle Crossman - Mental Health Consultant
Lindsey Keene - Outreach Coordinator
Cheryl Grossman - Legal
Dalton Higgins - Publicity
