Melanie Randall

B.A. (University of Toronto), M.A., University of Toronto, Ph.D. (York), LL.B. (University of Toronto)

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

Research Highlights

“The Impact of Trauma on Adult Sexual Assault Victims,” co-authored with Dr. Lori Haskell, Justice Canada, Ottawa, Ontario, 2019, https://www.justice.gc.ca/eng/rp-pr/jr/trauma/trauma_eng.pdf.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3417763

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3201074

"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).
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2787987

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2712838

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2683962

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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2704099

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473163

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2424596

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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2424597

“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) online at: http: //theequalityeffect. org/pdfs/ConsentPaperCanadaMR. pdf.
theequalityeffect.org/wp-content/uploads/2013/04/consent-paper-Canada-MR.pdf

"Sexual Assault Law, Credibility, and ‘Ideal Victims’: Consent, Resistance and Victim Blaming," (2010) 22 Canadian Journal of Women and the Law, 397.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1742077

“Disrupted Attachments: A Social Context Complex Trauma Framework and the Lives of Aboriginal Peoples in Canada,” (co-authored with Lori Haskell), Journal of Aboriginal Health, Vol. 5, No. 3, pp. 48-99, November 2009.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1569034

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473151

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473153

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1459037

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1473143

“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.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1173042