Rape, Sexual Assault and the Meaning of Persecution

This article assesses two United States cases which consider whether rape could qualify as persecution on the basis of political opinion: Sofia Campos-Guardado v Immigration and Naturalization Service and Olympia Lazo-Majano v Immigration and Naturalization Service. The article discusses under what conditions rape, or threats of rape, should constitute persecution warranting protection within the meaning of the Convention definition of refugee and how such claims could best be framed in the Canadian context. It also considers the evidentiary and other practical problems in making a successful refugee claim under this ground. [Descriptors: Migration - Refugees and Immigration]