Attitudes toward sexual offences differ from one society to another and are dependent on culture

215 Pages·2011·1.92 MB·English

by  Simon Fraser University

COMPARATIVE STUDIES OF SEXUAL ASSAULTS IN
CANADA AND IN HONG KONG

by

Carol K. Wong

B.Sc. (Hons), University of Toronto, 2002
M.A., Simon Fraser University, 2007

THESIS SUBMITTED IN PARTIAL FULFILLMENT OF
THE REQUIREMENTS FOR THE DEGREE OF

DOCTOR OF PHILOSOPHY

in the
Department of Psychology
Faculty of Arts and Social Sciences

© Carol K. Wong 2011

SIMON FRASER UNIVERSITY

Fall 2011

All rights reserved.
However, in accordance with the Copyright Act of Canada, this work may be
reproduced, without authorization, under the conditions for "Fair Dealing." Therefore,
limited reproduction of this work for the purposes of private study, research,
criticism, review and news reporting is likely to be in accordance with the law,
particularly if cited appropriately.
APPROVAL
Name: Carol K. Wong

Degree: Doctor of Philosophy (Department of Psychology)

Title of Thesis: Comparative Studies of Sexual Assaults in Canada and
in Hong Kong

Chair: Dr. Robert Ley
Associate Professor, Department of Psychology, SFU

Examining Committee: Dr. J. Don Read
Senior Supervisor
Professor and Chair, Department of Psychology, SFU

Dr. Deborah A. Connolly
Supervisor
Associate Professor, Department of Psychology, SFU

Dr. Simon N. Verdun-Jones
Supervisor
Professor, Department of Criminology, SFU

Dr. Karen A. Joe-Laidler
Supervisor
Professor, Department of Sociology, University of
Hong Kong

Dr. Margaret A. Jackson
Internal Examiner
Professor Emerita, Department of Criminology, SFU

Dr. Regina A. Schuller
External Examiner
Professor, Department of Psychology, York University

Date Approved: October 28, 2011
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Last revision: Spring 09
SIMO N fl1AS ER UN IVE RSI T Y
THI NK ING Of THE vVOHLO
STATEMENT OF
ETHICS APPROVAL
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obtained, for the research described in this work, either:
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Last update: Spring 2010
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 several complainant-
specific factors that may affect the perception of adult female complainants in real
(Study 1) and simulated (Study 2) sexual assault cases and, ultimately, judicial
decisions in two distinct jurisdictions.
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 alleged 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 one of four simulated sexual assault cases and
completed the Illinois Rape Myth Acceptance Scale and Ambivalent Sexism
Inventory. Results suggest that Hong Kong and male participants were more likely to
endorse rape myths and patriarchal beliefs than Canadian and female participants.
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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, and to what extent, western and eastern cultural
influences shape the judicial outcomes of sexual assault cases, and to help inform
legislators in policy-making.

Keywords: Rape / Sexual Assaults; Cross-Cultural Comparisons; Legal Issues;
(Mock) Jury; Rape Myth Acceptance; Gender Roles

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DEDICATION
To my parents, who (despite their repeated inquiries of “Are you done yet?”) have
never made me question their faith in me, and their love and support.
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ACKNOWLEDGEMENTS
Faculty, several experts, friends, and family members have helped me
complete this dissertation. I would like to express my gratitude to these individuals
for their support and assistance.
The faculty of the Simon Fraser University Psychology Department have
provided me with a tremendous graduate education: they have taught me how to think
about clinical and forensic issues and research designs; they have provided me with
scientific, teaching, and practical opportunities; and they have shown me how to
approach my work as a scientist-practitioner. Several individuals deserve special
mention for their contributions to this dissertation.
Dr. Don Read has been a strong and supportive advisor to me throughout my
graduate school career. He welcomed my dissertation ideas, even though many of my
constructs of interest were not in his main areas of study. He also facilitated my
meetings with various legal experts who helped enrich the legal relevance of my
dissertation. More importantly, he has consistently demonstrated his faith in my
ability to rise to the occasion and do the necessary work (case in point, I completed
the present dissertation far away from the Burnaby Mountain). In reviewing my
writings, he has frequently offered painstaking constructive feedback, and I have
often read his comments on my work with a curious mix of gratitude (for his detailed
critique), exhilaration (because he always finds ways to dramatically improve my
writing), and envy (“why didn‟t I think of that?”). I owe him my biggest thank-you.
I would also like to extend my sincere appreciation to the following advisors:
Dr. Deborah Connolly (for her insightful comments at the proposal defence that
allowed me to properly frame my research questions and operational definitions); Dr.
Simon Verdun-Jones (for offering many valuable jurisprudential clarifications, and
for introducing me to the very impressive soon-to-be-Dr. Michelle Lawrence, who
helped shape the interview questions for the legal counsel); Dr. Karen Joe Laidler (for
supporting my foreign study application, for her generous research guidance during
my stay in Hong Kong, and for her assistance in my participant-recruitment effort in
Hong Kong while I was back in Canada); Dr. Margaret Jackson (for taking the time to
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be my internal examiner, and for her supportive comments during our last jointly
attended meeting); and Dr. Regina Schuller (for composing many studies that formed
the research foundation of Study 2, and for agreeing to be my external examiner).
Law and legal studies are not my forte, so I am very thankful for the help I
have received along the way. In particular, I would like to thank Law Professor
Simon Young from the University of Hong Kong (HKU) for co-supervising me
during my short tenure at HKU, and for guiding me through many relevant legal
discourse and jury considerations in Hong Kong. Mr. Albert da Rosa also provided
many impromptu clarifications to the law in Hong Kong and introduced me to The
Hon. Justice Patrick Chan, who clarified many evidentiary issues pertaining to sexual
assaults in Hong Kong. In Canada, I am indebted to Crown Counsel, Mary Ainslie,
for introducing me to several law faculty members and legal counsel, many of whom
agreed to be interviewed and were immensely generous with their time and ideas. For
example, University of British Columbia Law Professor Isobel Grant engaged in an
hour-long phone conversation with me one late evening and helped paint “the big
picture” of how my dissertation findings may be of relevance. In addition, B.C.
Crown Counsel, Jane Nascou, and Vancouver defence attorney, Michael Tammen,
also helped illuminate many Canadian legal principles and standards involved in
sexual assault trials. As presented in Study 1, their acumen and practical observations
in the judicial proceedings have shaped many of my legal arguments.
Pragmatically, I gratefully acknowledge the institutional support that I have
received while working on this project. In particular, I thank the Social Sciences and
Humanities Research Council and Simon Fraser University for supporting me with
generous fellowships. I would also like to thank both Dr. Carl Schwarz from the SFU
Statistics Department and soon-to-be-Dr. Philip Howard for sharing their statistical
know-how. I thank soon-to-be-Dr. Carroll Boydell for eliciting the help of the lab‟s
research assistants on my behalf, and Karen Chu and Joann Woo for showing the
utmost diligence and enthusiasm in their coding work with me. Furthermore, the
quality of this dissertation has been much improved by the thoughtful comments from
Dr. Kevin Lam, soon-to-be-Dr. Philip Howard, Kyle Hyndman, and Donald Kerr. I
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wish to thank all of them for their gracious remarks and, not least, for their refusal to
be easily impressed.
Finally, I would like to thank my family and friends who supported this
dissertation in words and deeds. For instance, I recruited participants in Study 2
through word-of-mouth, so I am extremely grateful for their assistance in spreading
the word. I am also warmly appreciative of the kindness of the da Rosa family for
hosting me during my stay in Hong Kong and my family at large for their love and
support. My feline friend, Kusshi, has been a lovely distraction during the more
frustrating times of writing. Last but not least, I would like to show my appreciation
for my fellow SFU‟ers (Adrienne Rombough, Colin DeFreitas, Heidi Gordon,
Marlena Szpunar, Karla Jackson, Ruth Elias, Shannon Gelb, and Vanessa DeFreitas)
for their comradeship and for being the best reasons for one to enrol in graduate
school. Their collective wicked sense of humour has helped me bear the pressure of
the tough graduate road that we trod together, and cope with the exciting (yet
trepidation-filled) road ahead.
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