Kanchi Uttamchandani, Staff Writer
York grad and former host of CBC’s Q Jian Ghomeshi has been acquitted of four counts of sexual assault and one count of choking to overcome resistance.
Following the court’s decision, the hashtag #IBelieveSurvivors went viral all across Canada.
Judge William Horkins denounced the credibility of the three complainants by referring to their testimonies as “manipulative and deceptive,” suggesting the evidence failed to prove the allegations beyond a reasonable doubt.
In a media statement, the Toronto Rape Crisis Centre says Ghomeshi’s trial has sparked a heated debate about sexual assault, consent, and survivors’ disclosures, casting light on the nonexistence of “consensual sex.”
“Consensual sex is just called sex and unconsensual sex is called rape,” says Deb Singh, a counsellor at TRCC.
“In Western society, it is more likely there will be repercussions socially and legally, if you steal a digital device of some kind, than if you sexually assault someone,” she says.
“Survivors reap deeply negative repercussions when they report sexual violence, socially, politically, and legally, so it makes sense that survivors may take long periods of time to report, if at all,” reads the statement.
“We can also see the ‘danger’ in reporting when we know that the legal system allows for survivors to be counter-charged with assault or defamation after the initial report of sexual assault.”
“After a trial in the Ontario Court of Justice, in full public view, Mr. Ghomeshi has been rightly acquitted of these charges,” states a press release from Henein Hutchison, the law firm representing Ghomeshi.
“Notwithstanding the unprecedented scrutiny and pressure, the case was determined on the evidence heard in a court of law. In our system of justice, this is what must happen in every case regardless of who is accused or what crime is alleged. This is precisely what occurred in this case,” concludes the statement.
Nevertheless, not all agree that justice has been served. The TRCC highlights flaws within the legal justice system.
“But because we live in a culture of rape in where women and trans people are oppressed by sexism, patriarchy, and rape culture, the legal system powered predominantly by men benefits from not believing survivors even if they are telling the truth 98 per cent of the time,” says the TRCC.
Accordingly, seeking remedies through the legal system has not decreased the occurrence of sexual assault. TRCC suggests survivors would be motivated to come forward if there were more successful outcomes.
Mandi Gray, founder of the Silence is Violence coalition, concurs.
“The verdict of this case is not surprising to feminist activists or anyone who has reported sexual assault to the police. I think the extent of media coverage provided Canadians with important insight into what to expect if you decide to report,” says Gray.
“The standard of proof required for a conviction in a sexual assault trial is near impossible in most circumstances and our criminal justice is not designed for crimes of gendered or sexualized violence. I have little hope that the media coverage of the Ghomeshi case will do anything to change this,” she adds.
York students weighed in on the verdict with a mix of outrage and fear about the verdict’s implications.
Third-year political science student Zhala Rahim says she is afraid of the precedent the case has set.
“I am even more afraid that women will be even less likely to report sexual assault because victims are often forced to relive their trauma in the courts because of double victimization,” says Rahim.
Ghomeshi is set to face another trial on a separate charge of sexual assault in June.
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