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Record W4361986848 · doi:10.3138/cjwl.34.2.06

The Role of Motive in Sexual Assault Trials

2022· article· en· W4361986848 on OpenAlexaff
Janine Benedet

Bibliographic record

VenueCanadian Journal of Women and the Law/Revue Femmes et Droit · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicSexual Assault and Victimization Studies
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsPlaintiffScrutinySexual assaultPsychologySocial psychologyCriminologyDeceptionLawPolitical sciencePoison controlSuicide preventionMedicine

Abstract

fetched live from OpenAlex

In sexual assault cases, the motive of the complainant has traditionally been heavily scrutinized, based on sexist beliefs that women are likely to bring false complaints of rape based on motives of revenge, fantasy, and shame. Recent sexual assault cases have demonstrated the persistence of these beliefs even after the formal rules that validated them were abolished. At the same time, attempts by the Crown to show an absence of motive to lie have faced a high bar. Consistent with the general rule that motive is not required to prove mens rea, the accused’s motives have mostly escaped scrutiny. However, the recent high-profile case of R. v Barton shows the dangers of allowing the accused to rely on his alleged lack of motive to sexually assault the complainant. This article examines how both evidence of motive and absence of motive have been applied to the complainant and the accused in sexual assault cases. Caution is necessary when considering motive in relation to the complainant because of the direct connection with rape myths. Reliance on an accused’s absence of motive should also be discouraged as the reasons men rape cannot be reduced to a personal vendetta towards any one victim.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.009
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Qualitative · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.486
Threshold uncertainty score0.974

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0090.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.046
GPT teacher head0.310
Teacher spread0.264 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designQualitative
Domainnot available
GenreEmpirical

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".

Quick stats

Citations0
Published2022
Admission routes1
Has abstractyes

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Same venueCanadian Journal of Women and the Law/Revue Femmes et DroitSame topicSexual Assault and Victimization StudiesFrench-language works237,207