Did I Mention?  How the Ghomeshi verdict reflects the landscape of sexual violence in Canada

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A Guest Blog by Rosemarie Gjerek, Director of Counselling and Community Health, Klinic Community Health

Like many women and men across the country I was disappointed in the verdict issued in the Ghomeshi trial, but can’t say I was surprised.  This is an outcome that is repeated in trials every day.   With our judicial system operating from the principle that the burden of proof lies with the victim, cases of sexual assault are often very difficult to “prove” beyond a reasonable doubt.

Take for example the case of Cindy Gladue.  Her assailant was found not guilty of murder even though he sexually assaulted her, physically assaulted her and then left her to die in his hotel bathtub.   The defense lawyer argued his client didn’t mean to harm Gladue, a 36-year-old mother of three, and that the wound was caused accidentally by rough sex.  Did I mention he used a weapon?  Did I mention that Cindy Gladue was a sex worker?   Did I mention that Cindy Gladue was a Cree woman? Did these last points change how you think about this case?

For many it does.  Think about how prevalent rape myths are in our society.  We have judges making comments such as calling an assailant a “clumsy Don Juan” (MB Judge circa 2011) or a complainant being asked “why she couldn’t keep her knees together” (Alberta Judge circa 2015) or most recently in the Ghomeshi trial the Judges’ comments that the women complainants were seeking publicity and playing chicken with the court system.  Did I mention the extent of victim blaming that occurs in relation to sexual assault?  Did I mention how “perfect” in behaviour the victim has to be in order for them to be believed?  Did I mention the continuum of violence that occurs in sexual assaults, but that ultimately all sexual assaults are acts of violence?

I raise these examples not because I am an expert on the judicial system but because it is a system that is flawed in response to sexual assault.   Out of every 1,000 sexual assaults in Canada, 997 assailants walk free (Source: Johnson, Limits of Criminal Justice Response: Trends in Police and Court Processing of Sexual Assault,” in Sheehy, Sexual Assault in Canada: Law, Legal Practice and Women’s Activism, 2012).  A very small number are reported to police (15 000), an even smaller number proceed to trial (2 800) and only 1 400 result in a conviction (YWCA, 2012).  Did I mention that the number of sexual assaults that occur annually in Canada is 460 000?

I refuse to be complacent about these numbers.  I refuse to think that there is no change that can happen to address the injustices that exist within systems that further victimize and stop victims from coming forward.  I refuse to get angry at defense attorneys that are doing their jobs within the existing system.  I refuse to believe that the vast majority of sexual assault victims lie and the onus is on them to prove that the assault “really happened”.  I refuse to believe that the past behaviour of the accused is not relevant but that of the victim’s is.  I refuse to believe that my one and only piece of hate mail (ever) received in response to comments I made regarding the Ghomeshi verdict is truly reflective of what the majority of citizens believe.

I instead chose to believe change can and will happen when:

  • We believe survivors of sexual assault
  • We recognize the pervasiveness of sexual violence in our society and how this manifests in the extreme in Canada’s missing and murdered women
  • We provide services and supports for victims of sexual assault that are trauma informed
  • We call for reform within the judicial system starting with the investigation process, well trained Crown Attorneys who understand the array of behaviours and emotions victims of sexual assault may experience, and Judges who have an understanding of sexual violence and the prevalence of rape myths.
  • We challenge the objectification of women and all the isms that exist that are used to label and victimize people
  • We teach about healthy relationships
  • We teach consent culture and don’t perpetuate rape culture
  • We engage men and boys in ending violence against women
  • We continue the dialogue on sexual assault and sexual violence and continue to voice our collective outrage
  • We believe survivors of sexual assault

Did I mention that the verdict in the Cindy Gladue case is currently being appealed by two groups – Women’s Legal Education and Action Fund Inc. (LEAF) and the Institute for the Advancement of Aboriginal Women?

When we work together there is always hope for a better tomorrow, where everyone has the right to feel safe and respected.

#IBelieve You

#WeBelieveSurvivors