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. 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Simon Fraser University Library Burnaby, BC, Canada Last revision: Spring 09 SIMO N fl1AS ER UN IVE RSI T Y THI NK ING Of THE vVOHLO STATEMENT OF ETHICS APPROVAL The author, whose name appears on the title page of this work, has obtained, for the research described in this work, either: (a) Human research ethics approval from the Simon Fraser University Office of Research Ethics, or (b) Advance approval of the animal care protocol from the University Animal Care Committee of Simon Fraser University; or has conducted the research (c) as a co-investigator, collaborator or research assistant in a research project approved in advance, or (d) as a member of a course approved in advance for minimal risk human research, by the Office of Research Ethics. A copy of the approval letter has been filed at the Theses Office of the University Library at the time of submission of this thesis or project. The original application for approval and letter of approval are filed with the relevant offices. Inquiries may be directed to those authorities. Simon Fraser University Library Simon Fraser University Burnaby, BC, Canada 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. iii 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 iv 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. v 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 vi 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 vii 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. viii