Melanie Randall

BA 1982, MA (Toronto) 1984, PhD (York) 1996, LLB (Toronto) 1999.

Professor Randall is appointed with the Faculty of Law. She held the Scotiabank Professorship with the Centre for Research on Violence Against Women and Children, at the University of Western Ontario from 1999-2004. Her current teaching and research interests are in the areas of sex discrimination and legal theory. Her publications include articles on the issue of women's autonomy rights, and on sexual violence in women's lives, including state accountability for responding to and remedying this violence, particularly through law.

Email: randallm@uwo.ca
Phone: 519 661-2111 ext. 88450
Office: LB 14

Forthcoming Publications

Human Rights and the Law in Canada, co-authored with Michael Lynk and Jennifer Koshan.  (Forthcoming, 2018, Irwin Law Publishers, Toronto, Canada).

Books

The Right to Say No:  Marital Rape and Law Reform in Canada, Ghana, Kenya and Malawi, co-edited with Jennifer Koshan and Patricia Mande Nyaundi. Hart Publishing, Oxford, UK, 2017.

Articles and Book Chapters

(Refereed Contributions - R)

“Introduction:  Marital Rape and Law Reform:  A Comparative Analysis of the Right to Say No” In The Right to Say No:  Marital Rape and Law Reform in Canada, Ghana, Kenya and Malawi, co-edited with Jennifer Koshan and Patricia Mande Nyaundi. Hart Publishing, Oxford, UK, 2017.

“Marital Rape and Sexual Violence against Women in Intimate Relationships:  The Less Recognized Form of Domestic Violence” in The Right to Say No:  Marital Rape and Law Reform in Canada, Ghana, Kenya and Malawi, co-edited with Jennifer Koshan and Patricia Mande Nyaundi. Hart Publishing, Oxford, UK, 2017.

“Normative and International Human Rights Law Imperatives for Criminalizing Intimate Partner Sexual Violence:  The Marital Rape Impunity in Comparative and Historical Perspective,” Vasanthi Venkatesh and Melanie Randall, In The Right to Say No:  Marital Rape and Law Reform in Canada, Ghana, Kenya and Malawi, co-edited with Jennifer Koshan and Patricia Mande Nyaundi. Hart Publishing, Oxford, UK, 2017.

R “Criminalizing Sexual Violence against Women in Intimate Relationships: State Obligations Under Human Rights Law,” (with Vasanthi Venkatesh) 109 American Journal of International Law Unbound, 189 January 7, 2016. 

R "Criminalizing Sexual Violence Against Women in Intimate Relationships: Why Sexual Assault in Intimate Relationships Must Be Criminalized as Required by International Human Rights Law: A Response to the Symposium Comments," co-authored with Vasanthi Venkatesh, 109 American Journal of International Law Unbound 342 (May 17, 2016).

R Randall, Melanie and Venkatesh, Vasanthi, “The Right to No:  The Crime of Marital Rape, Women’s Human Rights, and International Law” Brooklyn Journal of International Law, Dec 2015.

R “Particularized Social Groups and Categorical Imperatives in Refugee Law: State Responsibility and the Legal Reception of Gender Persecution Claims in Canada, the U.S. and the U.K.,” American University Journal of Gender, Social Policy & the Law, Fall, 2015.

R “Restorative Justice and Gendered Violence? From Vaguely Hostile Skeptic to Cautious Convert: Why Feminists Should Critically Engage with Restorative Approaches to Law,” (2013) 36 Dal Law J, 461- 499.

R Co-authored with Lori Haskell, “Trauma-informed Approaches to Law: Why Restorative Justice Must Understand Trauma and Psychological Coping” (2013) 36 Dal Law J, 500-533.

“The Judicial Treatment of Consent in Canadian Sexual Assault Law:  Legal and Social Challenges in Criminal Processing of Marital Rape Cases,” (article manuscript, for The Equality Effect) completed and submitted to Justice Canada, 2011, available online at:  http://theequalityeffect.org/pdfs/ConsentPaperCanadaMR.pdf.

R  "Sexual Assault Law, Credibility, and ‘Ideal Victims’: Consent, Resistance and Victim Blaming," (2010) 22 Canadian Journal of Women and the Law, 397.

R “Disrupted Attachments: A Social Context Complex Trauma Framework and the Lives of Aboriginal Peoples in Canada,” (with Lori Haskell), Journal of Aboriginal Health, Vol. 5, No. 3, pp. 48-99, November 2009.

R “Private law, the State and the Duty to Protect:  Tort Actions for Police Failures in Gendered Violence Cases”  In Supreme Court Reports, Volume 44, 2009, and Critical Torts, Sanda Rodgers, Rakhi Ruparelia, Louise Bélanger-Hardy eds., Toronto:  Butterworths, 2009.

R “Honest But Mistaken Judicial Beliefs About Sexual Assault in Spousal Relationships, Consent and the Law: When No Doesn’t Mean No” University of Manitoba Law Journal32(1), 2008.

R Review of “Rethinking Domestic Violence,”  UBC L Rev, 2008.

R “Equality Rights and the Charter:  Reconceptualizing State Accountability For Ending Domestic Violence” in F. Faraday, et al., eds., Making Equality Rights Real: Securing Substantive Equality under the Charter.  Toronto:  Irwin, 2006.

R “Compensating the Harms of Sexual and Domestic Violence:  Tort Law, Insurance and the Role of the State” (With Craig Brown) (Fall, 2004) 30 Queen’s Law Journal 311-347.

R “Domestic Violence and the Construction of “Ideal Victims:”  Assaulted Women’s “Image Problems” in Law” (2004) XXIII St. Louis University Public Law Review 107-154.

R “Refugee Law and State Accountability for Violence Against Women:  A Comparative Analysis of Legal Approaches to Asylum Claims Based on Gender Persecution” (2002) 25 Harvard Women’s Law Journal, 25th Anniversary Issue, 281-318.

R “Sex Discrimination, Accountability of Public Authorities, and the Public/Private Divide in Tort Law:  An Analysis of Doe v. Metropolitan Toronto (Municipality) Commissioners of Police”  (2001) 26 Queen’s Law Journal, 451-495.

R “Pregnant Embodiment and Women’s Autonomy Rights in Law:  An Analysis of the Language and Politics of Winnipeg Child and Family Services v. D.F.G.” (1999) 62 Saskatchewan Law Review, 515-542.

R (With L. Haskell) “The Politics of Women’s Safety:  Sexual Violence, Women’s Fear and the Public/Private Split,” In “Confronting Violence in Women’s Lives” Special Issue of Resources for Feminist Research, vol. 26, nos. 3-4, Fall/Winter, 1998-1999.

R (With L. Haskell)  “Sexual Violence in Women’s Lives:  Findings from the Women’s Safety Project, a Community based survey.”  Violence Against Women, (Sage Publications) vol. 1, no. 1, March, 1995.

R "Feminism and the State:  Questions for Theory and Practice."  In "Feminist Perspectives on the Canadian State,"  Special theme issue:  Resources for Feminist Research, Vol. 17, No. 3, (September 1988), pp. 10-16.

Newspaper Columns

“Safety on campus shouldn’t require the muzzling of ideas,” Op-Ed, Globe and Mail, November 23, 2017 (online and national print edition).

“Marital rape myths have no place in Canadian law,” Op-Ed with Jennifer Koshan, and Elizabeth Sheehy,  Globe and Mail, October 27, 2017

“Judges need more education about sexual assault,” Op-Ed, Ottawa Citizen, March 22, 2017.

Professional, Community and Other Publications

“Understanding Woman Abuse:  Social and Political Challenges” Discussion paper, Educational resource for publication/distribution by Education Wife Assault, a provincial educational organization (Fall, 2003).

(With L. Haskell)  “Sex, Coercion and  Sexual Assault in the Lives of Girls and Boys: What Educators Need to Know about Anti-Violence Education,” an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2003.

“Promising Practices for the Prevention of Violence Against Women and Girls:  Key Findings from the Literature” -- contribute to research report (With David Wolfe and Anna-Lee Straatman) for Ontario Women’s Directorate (followed by presentation to key OWD personnel to inform a provincial violence prevention campaign), 2002, 26 pp.

(With L. Haskell)  “Sexual Assault:  What Every Girl and Young Woman Should Know,”  an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2002.  http://www.citizenship.gov.on.ca/owd/english/youth/sexualassault-definition.htm

(With L. Haskell)  “What You Need to Know About Sex, Coercion and  Sexual Assault: A Discussion paper for Boys and Young Men,” an Educational Resource for public distribution, for the Ontario Women’s Directorate’s provincial violence prevention campaign and materials, 2002. 

“Best Practices for the Prevention of Violence Against Women and Girls:  Key Findings from the Literature,”  A background policy paper prepared with Dr. David Wolfe, Centre for Research on Violence Against Women and Children, for the Ontario Women’s Directorate, November, 2002.

(With L. Haskell)  “Gender, Violence and Girls,” Background Paper prepared for the Girl Child Project, funded by Status of Women Canada, Centre for Research on Violence Against Women and Children, University of Western Ontario, Fall, 2000.

Editor, “Confronting Violence in Women’s Lives,” Special Issue of RFR/DRF, vol. 26, nos. 3-4, Fall/Winter, 1998-1999.

(With L. Haskell and L. Chen) Educating for Change, 2nd ed. An anti-violence education resource inventory, published by the Centre for Research on Violence Against Women and Children, University of Western Ontario, 1998.

(With L. Haskell)  "The Extent of Sexual Violence in Women's Lives."  Globe and Mail,  Op-Ed Article, September 8th, 1993.

(With L. Haskell)  "The Women's Safety Project:  Summary of Key Statistical Findings.".  Published in:  Changing the Landscape / Achieving Equality, Final Report of the Canadian Panel of Violence Against Women.  Ottawa:  Minister of Supply and Services, 1993.

(With M. Andersen and A. Sheth) Editor, "Transforming Knowledge and Politics."  Special 20th anniversary issue of RFR/DRF, vol. 20, no. 3-4 (pub. 1992).

"Men Cannot Know the Same Feelings of Fear:  The Montreal Massacre."  Op-Ed Article, Globe and Mail, December 12, 1989.

"Feminist Theory, Political Philosophy and the Politics of Reproduction:  An Annotated Bibliography." In "Feminist Theory:  The Influence of Mary O'Brien,"  Special Theme Issue of Resources for Feminist Research, Vol. 18, No. 3, (September 1989).

(With S. Brodribb) "The Writings of Mary O'Brien:  An Annotated Bibliography."  In "Feminist Theory:  The Influence of Mary O'Brien,"  Special Theme Issue of Resources for Feminist Research, Vol. 18, No. 3,  (September 1989). 

"The Politics of Woman Abuse:  Understanding the Issues."  A Discussion Paper.  (Toronto:  Education Wife Assault, 1989).

"Violence Against Women:  An Annotated Bibliography."  Toronto:  Education Wife Assault, 1989.

"The State Bibliography:  An Annotated Bibliography on Women and the State in Canada."  A Special Publication of Resources for Feminist Research  1989.

"Sexual Terrorism."  In Broadside: A Feminist Review, (1989).

(With S. Findlay)  Guest Editor "Feminist Perspectives on the Canadian State," Special Theme issue of Resources for Feminist Research, Vol. 17, No. 3, (September 1988).

"It's Only Sexual Intrusion. . ."  Broadside: A Feminist Review, Vol. 8, No. 8, (June 1987).

"To Serve and Neglect: Toronto Police Responses to Sexual Assault."  Broadside: A Feminist Review, Vol. 8, No. 2, (November 1986).

Editor, "Feminist Directions," Special Issue of Resources for Feminist Research, Vol. 14, No. 3, (November 1985).