I think language is important. The interesting issue—and of course, this is larger than the scope of my testimony here—when you're dealing with the language and the change from “rape” to “sexual assault”, is there's a tremendous lag time between that change and the conversation we're having now. I don't know if that's because there's a change in the code or because there are other changes happening in society because of other very good work being done by members of Parliament, community activists, victim rights advocates, and the legal community.
I would end by saying you make a very good point, but even if that point is correct, there are other ways it can be accomplished other than by amending the Criminal Code in a way that is going to cause conflict, cause some incoherence, and have those other associated costs, such as perverse incentives to plead guilty and fairness implications in that regard, and the costs of litigating and dealing with these issues in court.
I think the point you raise is fair, but it might be broader than I can answer here.