Busting Sexual Assault Myths (Still)

It’s been a long time since R. v. Seaboyer¹ was released in 1991 but the myths just keep on coming up in sexual assault cases.  In three recent decisions, Appellant Courts have had to consider decisions below that dealt with sexual assault myths.  In the first case², a criminal court judge acquitted an accused and the Ontario Court of Appeal said that the trial judge’s analysis was tainted by “long discredited myths and stereotypes about sexual assault complainants”.  In that case, a woman had been sexually assaulted by a neighbour who knocked on her door and invited her out for a cigarette on the fire escape.  As they chatted he began touching and pinching her breasts.  She asked him to stop but he laughed and put his hand down her pants and rubbed her hard.  When he kissed her, she kissed him back because he wasn’t listening to her and she feared he would hit her.  She did not report this first assault.  A second assault occurred under virtually the