Picture via Wikipedia.
Picture via Wikipedia.

Former broadcaster Jian Ghomeshi has been acquitted of four counts of sexual assault and one of choking following a trial that sparked a nationwide debate on how the justice system treats victims.

The Timmins and Area Women in Crisis Centre weren’t surprised by this, according to a statement to local media.

Judge William Horkins told a Toronto courtroom he simply could not rely on the three complainants — given their changing and shifting memories and evidence that he says at times strayed into outright lies.

Prosecutor Michael Callaghan says the Crown will take a look at the judgment and consider its position.

The 48-year-old Ghomeshi left the courthouse without speaking to reporters but his sister said the ordeal has been extremely painful for the family.

Jila Ghomeshi said the biggest burden was a feeling of helplessness as her brother was punished even before the verdict, without any semblance of due process for well over a year.

Jacob Jesin — the lawyer representing one of the complainants — says his client understood a conviction would be difficult, but insists her evidence on “substantive issues” was truthful.

The full statement from the local crisis centre is below:

In 2014, when allegations of violence against women were first brought against Jian Ghomeshi, many responded with disbelief: he “sounded plausible and open,” Globe and Mail’s Margaret Wente admitted in her 2014 column on Ghomeshi; and as one court observer described her interest in the case in February, “All of a sudden, he was off the air and I couldn’t believe it.”

But as disclosures about Ghomeshi from women piled up, a different reflection began. It sparked important conversations in the public about the prevalence of unreported sexual assault in Canada. It also questioned the inadequacy of the criminal justice system in cases of sexual violence, and the many reasons why survivor-victims do not report —or in many cases, tell anyone at all. For example:

  • Most reports of sexual assault do not lead to charges, let alone convictions. Out of every 1,000 sexual assaults in Canada; it’s estimated that 997 assailants walk free: 33 are reported to the police, just 29 are recorded as a crime; 12 see charges laid; 6 are prosecuted and just 3 lead to conviction.
  • The majority of sexual assault offenders are in fact known to the victim in some way.
  • Acquaintances, friends and dates are more likely to use verbal pressure, negative consequences, threats to relationships or victim-blaming rhetoric (i.e. “You know you wanted this”, “If you tell about what happened here, you will be in trouble”) during episodes of sexual coercion6. This inevitably impacts upon a victim’s ability to resist or report what happened – or in many cases, even name it as violence.

Survivors of sexual violence spoke out about the enormous barriers that survivor-victims face.  Advocates, including those of us at Timmins and Area Women in Crisis talked about how systems meant to support victims too-often disbelieved or blamed them, while offenders –and oftentimes, the violent incident itself – went unchallenged.

At that time, Timmins and Area Women in Crisis predicted that a guilty verdict in the Ghomeshi charges would be extremely unlikely given the limits of the system, the historical nature of the cases, general misconceptions and expectations on how victims “ought to” respond to sexual violence, and the relationships that the complainants had with the accused.

Today, Timmins and Area Women in Crisis is not in any way surprised by the verdict of acquittal in this case.

Further, we do not see this verdict as an indication of “truth-finding” in what happened between the complainants and accused, and we urge others to pause on this reflection.

On the contrary we see, once again, the criminal justice system’s tendency to:

  • Direct all questioning to the complainant, including questioning her actions before and after the violent incident. Having a social, physical, romantic, financial or other relationship with a person does not negate or reduce the possibility of violence within that relationship. If anything, a relationship is more likely to silence victims into compliance or self-doubt.
  • Invisibilize the accused’s side of the story entirely, giving the impression that he maintained a consistent narrative throughout ? when in fact our system is structured so that he is never even asked to present one at all.
  • See that “cases are more likely to be prosecuted if the victim is White and less often when the victim belongs to a racial minority group”; and also more likely to beprosecuted when the accused is a person of colour.
  • Make invisible the victims’ acts of resistance in the midst of what they experienced.

Every day, survivors of violence continue to interact with those that have harmed them.  Realistic reasons include: not wanting to cause problems; being uncertain about whether the incident was in fact violence; hoping the relationship will improve; feeling responsible for improving the relationship; having an emotional attachment to the accused; wishing to maintain other relationships connected to the offender; or seeking explanation for the violent behavior.
In addition, we see, once again, the criminal justice system’s ongoing limitations in:

  • Questioning the actual violent incidents in the case
  • Querying the accused’s side of the story
  • Querying the fact that many women (eight in total, in this case) identified similar experiences with the accused
  • Identifying the victims’ acts of resistance in the midst of what they experienced. As we know too well most often a “victims’ apparent lack of resistance becomes the focus of assessment and intervention”9 in court. Every day, survivors of violence continue to interact with those that have harmed them. Realistic reasons include: not wanting tocause problems; being uncertain about whether the incident was in fact violence; hoping the relationship will improve; feeling responsible for improving the relationship; having an emotional attachment to the accused; or seeking explanation for the violent behavior.

Timmins and Area Women in Crisis wishes to note that the witnesses in this case did express resistance to their experiences with the accused: for example, they came forward and shared their stories upon hearing other similar allegations; they sought support and connection with other women who shared this experience; and they formally reported to the police in October 2014 when then-Police Chief Bill Blair urged women to do so. We recognize these significant actions as meaningful in the face of violence – even though this court case clearly did not do so – and commend all survivors for their own responses.

In response to the Ghomeshi verdict, Timmins and Area Women in Crisis also reaches out to those affected by sexual violence in Ontario.  If something has happened to you, there are people who will believe and support you.

You can talk to a trusted friend, family member, or contact our sexual assault centre support line. If you are considering reporting, we can help you think through your options. If you are not considering reporting, that’s okay too. All calls are free and confidential. You can reach us by calling our crisis line at 705-268-8380.

If you are a friend or family member of someone who is dealing with sexual violence, there are things you can do too. You can be an ally to the person who is victimized, instead of the accused. You can listen to the person’s story without judgement, scrutiny or expectations that they formally report. You can them to find safe places to seek additional support, if needed, too. You too are welcome to reach out to us at 705-268-8380.

Timmins and Area Women in Crisis recognizes the impact of sexual violence in our community.

We believe that education and information goes a long way toward the prevention of violence. Together, we will make a difference.