Slide 3: Victim Precipitation Theory

Question 1

Question: What is the difference between active and passive precipitation in victimization?

Answer 1

Answer:

Active precipitation occurs when the victim takes an active role, such as using threats or initiating the attack, which can sometimes justify self-defense (e.g., R v Lavallee).

Passive precipitation refers to characteristics of the victim that unknowingly provoke or encourage the attack (e.g., clothing or behavior that signals vulnerability).

Question 2

Question: How has the concept of victim precipitation been applied in sexual assault cases?

Answer 2

Answer: In sexual assault cases, the concept of victim precipitation, especially active precipitation, has been limited in modern common law to avoid blaming victims for their assault.