| Originally, conceived as an exploration of the emergence of the use of therapeutic records as evidence against complainants in sexual assault proceedings, this thesis evolved into a socio-legal analysis of the emerging jurisprudence pertaining to this phenomenon. This socio-legal analysis draws on two theoretical and methodological streams: feminism and Foucauldian thought.;The use of therapeutic records as evidence against complainants in sexual assault proceedings is problematized through four decisions by the Supreme Court of Canada: R. v. O'Connor; R. v. Beharriell; R. v. Carosella; and M. (A.) v. Ryan. This thesis maintains that a feminist-Foucauldian perspective reveals the power (of law) to rape. Specifically, three objectives emerge from this thesis: (1) to "make sense" of the use of therapeutic records as evidence against complainants in sexual assault proceedings; (2) to elucidate the role that therapeutic records play in the constitution of rape; and (3) to provide an empirically-situated examination of the (f)utility of Foucault for feminism debate.;An examination of the decisions of, and other documents used by, the courts reveals the power (of law) to rape. This thesis concludes that the use of therapeutic records as evidence against complainants in sexual assault proceedings is inextricably linked to the constitution of rape. Furthermore, it concludes that the constitution of rape enables and constrains the use of therapeutic records as evidence in sexual assault proceedings.;This thesis also finds support for the use of Foucault's work for furthering feminist analyses. The decisions examined provide evidence that reflects a shift in law away from juridical manifestation of power towards a disciplinary form that is administrative, regulative, and managerial in nature. Thus, this thesis argues that there exists a need for a feminist legal praxis that is experientially-based and theoretically-informed to challenge the power of law. |
