Published In
Canadian Journal of Women and the Law
Document Type
Article
Publication Date
2012
Subjects
Canada; Criminal Code; Consent; Social Problems; Public Law; Social Policy; Feminist Theory; Mental disabilities; Sexual assault; Civil commitment
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.
Citation Details
Isabel Grant, "'The Normal Ones Take Time': Civil Commitment and Sexual Assault in R. v. Alsadi" (2012) 24:2 CJWL 439.