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Mentions of complainant sexual arousal in Canadian criminal sexual assault cases.

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Title: Mentions of complainant sexual arousal in Canadian criminal sexual assault cases.
Authors: Vandervoort, Mariève (AUTHOR), Forget, Audrey-Anne (AUTHOR), Potvin, Christen (AUTHOR), Samosh, Jonathan (AUTHOR), Dewar, Michelle (AUTHOR)
Source: Canadian Journal of Human Sexuality. Dec2025, Vol. 34 Issue 3, p313-339. 27p.
Subjects: Sex crimes, Pleasure, Legal liability, Legal databases, Orgasm, Rape, Crime victims, Systematic reviews, Criminal justice system, Sexual assault evidentiary examinations, Penile erection, Law, Legislation
Geographic Terms: Canada
Abstract: Involuntary sexual arousal can be experienced by victims during sexual assault. The misconception that sexual arousal equates to a victim's consent is a "rape myth," sometimes used to deny the occurrence of an assault, including in criminal trials. The goals of this scoping review were threefold: (a) to assess if complainant sexual arousal was discussed in Canadian criminal sexual assault cases, and if so, what signs of sexual arousal; (b) how sexual arousal was interpreted by legal actors, and (c) whether this contributed to case outcomes. Canadian legal databases CanLII, LexisNexis, and Westlaw were used to extract and screen 4,301 legal materials from Canadian sexual assault trials. Mentions of complainant sexual arousal, including moaning, hip movement, genital warmth, vaginal lubrication, and penile erection, were found in 13 cases, 12 of which involved female complainants and one case involving a male complainant. Content analysis of these cases revealed that signs of complainant sexual arousal were considered relevant evidence to ground the accused's defences of "mistaken belief in consent" in all cases. The findings of this review emphasize the need to distinguish between sexual arousal and sexual consent and the risks associated with their confusion in legal contexts. Results support the promotion of standardized sexual education, including comprehensive information about consent. Additionally, they highlight the need for legal protections against the misuse of evidence related to complainant arousal to ensure criminal legal processes function with truth, fairness, and justice for all. [ABSTRACT FROM AUTHOR]
Copyright of Canadian Journal of Human Sexuality is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
Database: Psychology and Behavioral Sciences Collection
FullText Text:
  Availability: 0
Header DbId: pbh
DbLabel: Psychology and Behavioral Sciences Collection
An: 190389430
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PubType: Academic Journal
PubTypeId: academicJournal
PreciseRelevancyScore: 0
IllustrationInfo
Items – Name: Title
  Label: Title
  Group: Ti
  Data: Mentions of complainant sexual arousal in Canadian criminal sexual assault cases.
– Name: Author
  Label: Authors
  Group: Au
  Data: <searchLink fieldCode="AR" term="%22Vandervoort%2C+Mariève%22">Vandervoort, Mariève</searchLink> (AUTHOR)<br /><searchLink fieldCode="AR" term="%22Forget%2C+Audrey-Anne%22">Forget, Audrey-Anne</searchLink> (AUTHOR)<br /><searchLink fieldCode="AR" term="%22Potvin%2C+Christen%22">Potvin, Christen</searchLink> (AUTHOR)<br /><searchLink fieldCode="AR" term="%22Samosh%2C+Jonathan%22">Samosh, Jonathan</searchLink> (AUTHOR)<br /><searchLink fieldCode="AR" term="%22Dewar%2C+Michelle%22">Dewar, Michelle</searchLink> (AUTHOR)
– Name: TitleSource
  Label: Source
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  Data: <searchLink fieldCode="JN" term="%22Canadian+Journal+of+Human+Sexuality%22">Canadian Journal of Human Sexuality</searchLink>. Dec2025, Vol. 34 Issue 3, p313-339. 27p.
– Name: Subject
  Label: Subjects
  Group: Su
  Data: <searchLink fieldCode="DE" term="%22Sex+crimes%22">Sex crimes</searchLink><br /><searchLink fieldCode="DE" term="%22Pleasure%22">Pleasure</searchLink><br /><searchLink fieldCode="DE" term="%22Legal+liability%22">Legal liability</searchLink><br /><searchLink fieldCode="DE" term="%22Legal+databases%22">Legal databases</searchLink><br /><searchLink fieldCode="DE" term="%22Orgasm%22">Orgasm</searchLink><br /><searchLink fieldCode="DE" term="%22Rape%22">Rape</searchLink><br /><searchLink fieldCode="DE" term="%22Crime+victims%22">Crime victims</searchLink><br /><searchLink fieldCode="DE" term="%22Systematic+reviews%22">Systematic reviews</searchLink><br /><searchLink fieldCode="DE" term="%22Criminal+justice+system%22">Criminal justice system</searchLink><br /><searchLink fieldCode="DE" term="%22Sexual+assault+evidentiary+examinations%22">Sexual assault evidentiary examinations</searchLink><br /><searchLink fieldCode="DE" term="%22Penile+erection%22">Penile erection</searchLink><br /><searchLink fieldCode="DE" term="%22Law%22">Law</searchLink><br /><searchLink fieldCode="DE" term="%22Legislation%22">Legislation</searchLink>
– Name: SubjectGeographic
  Label: Geographic Terms
  Group: Su
  Data: <searchLink fieldCode="DE" term="%22Canada%22">Canada</searchLink>
– Name: Abstract
  Label: Abstract
  Group: Ab
  Data: Involuntary sexual arousal can be experienced by victims during sexual assault. The misconception that sexual arousal equates to a victim's consent is a "rape myth," sometimes used to deny the occurrence of an assault, including in criminal trials. The goals of this scoping review were threefold: (a) to assess if complainant sexual arousal was discussed in Canadian criminal sexual assault cases, and if so, what signs of sexual arousal; (b) how sexual arousal was interpreted by legal actors, and (c) whether this contributed to case outcomes. Canadian legal databases CanLII, LexisNexis, and Westlaw were used to extract and screen 4,301 legal materials from Canadian sexual assault trials. Mentions of complainant sexual arousal, including moaning, hip movement, genital warmth, vaginal lubrication, and penile erection, were found in 13 cases, 12 of which involved female complainants and one case involving a male complainant. Content analysis of these cases revealed that signs of complainant sexual arousal were considered relevant evidence to ground the accused's defences of "mistaken belief in consent" in all cases. The findings of this review emphasize the need to distinguish between sexual arousal and sexual consent and the risks associated with their confusion in legal contexts. Results support the promotion of standardized sexual education, including comprehensive information about consent. Additionally, they highlight the need for legal protections against the misuse of evidence related to complainant arousal to ensure criminal legal processes function with truth, fairness, and justice for all. [ABSTRACT FROM AUTHOR]
– Name: AbstractSuppliedCopyright
  Label:
  Group: Ab
  Data: <i>Copyright of Canadian Journal of Human Sexuality is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract.</i> (Copyright applies to all Abstracts.)
PLink https://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=pbh&AN=190389430
RecordInfo BibRecord:
  BibEntity:
    Identifiers:
      – Type: doi
        Value: 10.3138/cjhs-2025-0006
    Languages:
      – Code: eng
        Text: English
    PhysicalDescription:
      Pagination:
        PageCount: 27
        StartPage: 313
    Subjects:
      – SubjectFull: Sex crimes
        Type: general
      – SubjectFull: Pleasure
        Type: general
      – SubjectFull: Legal liability
        Type: general
      – SubjectFull: Legal databases
        Type: general
      – SubjectFull: Orgasm
        Type: general
      – SubjectFull: Rape
        Type: general
      – SubjectFull: Crime victims
        Type: general
      – SubjectFull: Systematic reviews
        Type: general
      – SubjectFull: Criminal justice system
        Type: general
      – SubjectFull: Sexual assault evidentiary examinations
        Type: general
      – SubjectFull: Penile erection
        Type: general
      – SubjectFull: Law
        Type: general
      – SubjectFull: Legislation
        Type: general
      – SubjectFull: Canada
        Type: general
    Titles:
      – TitleFull: Mentions of complainant sexual arousal in Canadian criminal sexual assault cases.
        Type: main
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          Name:
            NameFull: Vandervoort, Mariève
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            NameFull: Forget, Audrey-Anne
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            NameFull: Potvin, Christen
      – PersonEntity:
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            NameFull: Samosh, Jonathan
      – PersonEntity:
          Name:
            NameFull: Dewar, Michelle
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          Dates:
            – D: 01
              M: 12
              Text: Dec2025
              Type: published
              Y: 2025
          Identifiers:
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              Value: 11884517
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              Value: 34
            – Type: issue
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            – TitleFull: Canadian Journal of Human Sexuality
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