Bibliographic record
Abstract
Although criminal law involving sexual offence has undergone many legal reforms in both Canada and Hong Kong, there remain numerous socio-cultural factors that maintain the difficulty of achieving successful prosecutions for these offences. This dissertation includes two comparative studies that explore complainant-specific factors that may affect the perception of adult female complainants in real (Study 1) and simulated (Study 2) sexual assault cases. Study 1 reviewed 220 archival rape cases in Canada (n = 119) and Hong Kong (n = 101) to explore how the complainant’s relationship with the accused, her sexual history, her substance use before the incident, and her sexual initiation may be associated with the proposal of the “mistaken belief” defence and judicial outcomes. Because accused in Canada have to take “reasonable steps” to ascertain consent, it was expected that the defence would be proposed and accepted less often in Canada than in Hong Kong, and more acquittals would be rendered in Hong Kong than in Canada based on this defence. Univariate analyses revealed that cases that involved acquaintances or intoxicated parties, or a complainant who was sexually provocative or experienced, were associated with increased acceptance of this defence tactic by the court, and increased acquittal of the accused, particularly in Hong Kong. Because sexual assaults were found to be less successfully prosecuted when the complainant engaged in acts that may be perceived as violating gender norms, Study 2 explored how (mock) jurors’ gender and cultural beliefs, and the complainant’s drunken and/or sexually provocative behaviours, may affect legal outcomes. Using an online survey program, 467 participants (236 from Canada and 231 from Hong Kong) evaluated a simulated sexual assault case. Results suggest that Hong Kong and male participants were more likely to endorse rape myths and patriarchal beliefs than Canadian and female participants. The former groups were also more likely to perceive the complainant as having violated gender norms and to hold her more accountable for the assault. By comparing the results from Canada and Hong Kong within each study, this research aims to determine whether cultural influences shape the judicial outcomes of sexual assault cases, and to help inform legislators in policy-making.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.005 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.008 |
| Science and technology studies | 0.005 | 0.002 |
| Scholarly communication | 0.002 | 0.001 |
| Open science | 0.001 | 0.001 |
| Research integrity | 0.000 | 0.001 |
| Insufficient payload (model declined to judge) | 0.002 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".