R. v. McCraw
Encyclopedia
R. v. McCraw, [1991] 3 S.C.R. 72 was a decision by the Supreme Court of Canada
on rape
threats. The Court found that such threats should be considered threats of bodily harm
under the Criminal Code of Canada
.
of the football team Ottawa Rough Riders
. One day, he phoned some of the cheerleaders and mailed them letters. The letters stated that he wanted to have sex
with them and if necessary would rape them to do it. One letter quoted by the Supreme Court read,
McCraw was arrested and the cheerleaders said in court that they had been terrified by the letters. Nevertheless, the judge found that while the letters did threaten rape, they may not have threatened bodily harm. Instead, the judge called the content of the letters an "adoring fantasy
" and said rape can be performed without inflicting physical or emotional damage to the victim.
afterwards decided a better law was needed. The new law outlawed any kind of threat regarding bodily harm or killing. Cory found that bodily harm does not only mean killing.
As the law also referred to "serious bodily harm," Cory consulted The Shorter Oxford English Dictionary and found that "serious" meant "substantial", so "serious bodily harm" means substantial damage to the victim's health. Cory concluded that this law would likely cover emotional damage, as the types of bodily harm covered by the law were not limited. The Supreme Court also decided that the new law was meant to guard against threats that terrorize people, and that the law had a significant goal of upholding an individual's freedom. R. v. LeBlanc (1989) was another case that found that terror was what was important and not whether the crime would actually occur.
Cory asserted that "Violence is inherent in the act of rape." He explained that in rape, sex and violence are intertwined, and that the rapist is exercising force which may have temporary physical effects but nevertheless potentially permanent emotional impact. Cory said,
To back this up, Cory pointed to journal articles describing how victims often become depressed, cannot sleep, feel guilty or devalued, lose trust in people and become uninterested in sex. Thus, for the law not to recognize this would be a step backwards for sensitivity.
did not define "violent offence" and "serious bodily harm," McCraw indicated that these phrases referred to substantial damage to a victim's health.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
threats. The Court found that such threats should be considered threats of bodily harm
Bodily harm
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited...
under the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
.
Background
The case involved one Stephen Joseph McCraw, who was interested in the cheerleadersCheerleading
Cheerleading is a physical activity, sometimes a competitive sport, based on organized routines, usually ranging from one to three minutes, which contain the components of tumbling, dance, jumps, cheers, and stunting to direct spectators of events to cheer on sports teams at games or to participate...
of the football team Ottawa Rough Riders
Ottawa Rough Riders
The Ottawa Rough Riders were a Canadian Football League team based in Ottawa, Ontario, founded in 1876. One of the oldest and longest lived professional sports teams in North America, the Rough Riders won the Grey Cup championship nine times. Their most dominant era was the 1960s and 1970s, a...
. One day, he phoned some of the cheerleaders and mailed them letters. The letters stated that he wanted to have sex
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
with them and if necessary would rape them to do it. One letter quoted by the Supreme Court read,
McCraw was arrested and the cheerleaders said in court that they had been terrified by the letters. Nevertheless, the judge found that while the letters did threaten rape, they may not have threatened bodily harm. Instead, the judge called the content of the letters an "adoring fantasy
Rape fantasy
A rape fantasy or a ravishment is a sexual fantasy involving imagining or pretending being coerced or coercing another into sexual activity. In sexual role-play it involves acting out roles of coercive sex...
" and said rape can be performed without inflicting physical or emotional damage to the victim.
Decision
The decision of the Supreme Court was written by Peter Cory. He noted that until 1985, the Criminal Code outlawed any threat to kill or injure a person except threats spoken in front of a person. A major decision on that law was R. v. Nabis (1975), and the Parliament of CanadaParliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
afterwards decided a better law was needed. The new law outlawed any kind of threat regarding bodily harm or killing. Cory found that bodily harm does not only mean killing.
As the law also referred to "serious bodily harm," Cory consulted The Shorter Oxford English Dictionary and found that "serious" meant "substantial", so "serious bodily harm" means substantial damage to the victim's health. Cory concluded that this law would likely cover emotional damage, as the types of bodily harm covered by the law were not limited. The Supreme Court also decided that the new law was meant to guard against threats that terrorize people, and that the law had a significant goal of upholding an individual's freedom. R. v. LeBlanc (1989) was another case that found that terror was what was important and not whether the crime would actually occur.
Cory asserted that "Violence is inherent in the act of rape." He explained that in rape, sex and violence are intertwined, and that the rapist is exercising force which may have temporary physical effects but nevertheless potentially permanent emotional impact. Cory said,
To back this up, Cory pointed to journal articles describing how victims often become depressed, cannot sleep, feel guilty or devalued, lose trust in people and become uninterested in sex. Thus, for the law not to recognize this would be a step backwards for sensitivity.
Aftermath
The McCraw case has been cited by the Supreme Court in later cases. For example, in R. v. C.D.; R. v. C.D.K. (2005), the Court noted that while the Youth Criminal Justice ActYouth Criminal Justice Act
Canada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...
did not define "violent offence" and "serious bodily harm," McCraw indicated that these phrases referred to substantial damage to a victim's health.