By: Candice Perry

Since 1999, April 29 has been designated as Wear Denim Day, a day when people around the world wear denim in solidarity with survivors of sexual assault. The movement caps off Sexual Assault Awareness Month, and is the second sartorial statement in protest of sexualized violence, the first being Wear Teal Day on April 7 each year.

Wear Denim Day began when female Italian parliamentarians went on a “denim strike” in response to an Italian Supreme Court decision to overturn a rape conviction, in part based on the reasoning that the victim must have consented because the tight jeans she wore at the time of the attack could not have been removed “if she was fighting with all her force”.

Another factor in the decision was that the victim, an eighteen year old student at a driving school, attended a driving theory class after the attack. The student reported the rape in 1992, after the driving instructor sexually assaulted her during a driving lesson. The Supreme Court decision demonstrated how persistent myths about sexual assault are within a culture because it came about three years after Italy had modernized its sexual assault laws. [1] Similar scenarios have been played out over the ensuing decades around the world, including in Canada.

The myth that a “true victim” will ”fight with all her force” or “raise a hue and cry” [2] is common. In fact, neuroscientists have shown that commonly misunderstood reactions to sexual assault such as continuing a relationship with the perpetrator or freezing can be an automatic reaction. The commonly known “fight or flight response” is actually preceded by a “freeze response”, allowing the human being to devote all the senses to assess the danger of the perceived threat. Also, in crisis, the human brain relies on habits to stay safe, so it should be no surprise that women, who in our culture are socialized to appease others and help them save face, might react to sexual aggression by appeasing the attacker or maintain a friendly relationship with him afterwards.[3]

While the Italian “jeans defence” was met with vocal public backlash at the time, pervasive sexual assault myths continue to have harmful effects on survivors, the administration of justice, and society. When the people to whom survivors turn for support believe these myths, survivors feel re–victimized and alone. This complicates their recovery and may cause them to be reluctant to report sexual violence to the authorities. When investigators and judges believe these myths, perpetrators are never sanctioned and are allowed to victimize even more people. And when these myths are believed, pervasive stereotypes about women are allowed to result in bias and discrimination, thus enabling sexism to continue.

April 29 is Wear Denim day and April is Sexual Assault awareness Month, but we are all challenged to stand in solidarity with survivors by recognizing and refuting myths about sexual assault whenever and wherever they come up.

[1] Stanley, Allesandra. New  York Times, February 16, 1999

[2] Craig, Elaine. The Ethical Obligtions of Defense Counsel n Sexual Assault Cases, Osgoode Hall law Journal, Volume 51, Issue 2 (Winter 2014).

[3] Haskell, Lori, and Melanie Randall, The Impact of Trauma on Adult Sexual Assault Victims, 2019

Manitoba’s provincial government recently decided to not make any changes to the training judges are required to attend regarding sexual assault law. This is in spite of other provinces, like Ontario, enforcing training for all new judges (some would like the training to be mandated to all existing judges).

Sexual assault stands out as statistically unique in Canada’s courts, and this is not just a Canadian problem. According to the most recent General Social Survey, only one in twenty victims of sexual assault perpetrated by a stranger are reported to law enforcement, compared to one in three other crimes resulting in victimization as defined by the survey. We know that more than half of all sexual assaults are committed by partners or acquaintances, and these are even less likely to be reported to law enforcement.

All of that is part of sexual assault cases having the very lowest conviction rate of all violent crimes tried in Canada. Only 0.3% of sexual assault incidences result in a conviction. In fact, of the cases that actually end up before a judge, fewer of them result in a conviction than any other violent crime.

Victims of sexual assault also report higher rates of PTSD and disruption in their lives than victims of other crimes. One in four victims of sexual assault experience difficulty carrying out regular daily activities after an assault. And when all is said and done, one in three women and one in six men will have an experience of sexualized violence.

Let’s sum this all up by saying three things:

1. Sexual assault happens a lot.
2. The vast majority of people who commit sexual assault face no consequences for their actions.
3. A big chunk of our population is left reeling because of sexual assault.

Maybe we could ALL use some more education about sexual assault and consent and how to prevent this shockingly common tragedy. This data should inspire a revolution in the public conversation about gender, sex, and relationships. If it’s money that we care about, the cost of prevention can’t be anywhere as high as the cost of sexual assault. Educational programs like our SADI program should be expanded and brought to every school!  I bet that would include some future judges!