Jian Ghomeshi’s not guilty verdict following his sexual assault trial has spawned nationwide interest and protests from Toronto to Vancouver to Yellowknife.
Given Ghomeshi’s high profile as a former CBC celebrity, the trial garnered national media attention, and the results have sparked national outrage and debate about our justice system.
It is no secret that the courts and society in general have failed many women for far too long when it comes to sexual assault and sexual harassment. In many cases sentences seem ridiculously low and women fear coming forward as the trial proceedings often put them on trial for everything from choice of clothing to sexual history. As if those factors somehow mean they deserved to be assaulted.
Supporters of the women who accused Ghomeshi of sexual assault have taken to the streets, in some cases aggressively, to deride the court system for failing to deliver justice to these women and for once again trying the victims instead of the perpetrator.
When it comes to the Ghomeshi trial, things are not so cut and dried. The protests, especially the #webelieveyou movement has revealed not a desire to fix our justice system but to completely alter it in a disturbing way.
In the court of public opinion, Ghomeshi was guilty before he ever went to court. While that might not be surprising considering the nature of this case – Ghomeshi’s public standing and his admittedly violent sexual proclivities – we can’t nor should we want our justice system to behave in the same manner.
Innocent until proven guilty – even in sexual assault cases – is an essential tenet of law. Undermining that vital convention puts us all at risk of wrongful incarceration. Unfortunately, when trying to prove innocence in sexual assault cases, many lawyers have despicably chosen to attack the women themselves instead of the legitimacy of their claim.
Ghomeshi’s accusers lied under oath. Justice Horkins found that "the evidence of each complainant suffered not just from inconsistencies and questionable behaviour, but was tainted by outright deception." That creates reasonable doubt. Reasonable doubt that might not have existed had the women told the truth.
Those protesting the verdict have their hearts in the right place and are right to question legal tactics that put the women who accused Ghomeshi on trial. At the same time, however, ensuring accusations are credible is as important as respecting the rights of the accusers. There have been cases when men have been wrongly charged with sexual assault and without fair due process they would have spent years in jail.
Advocating for change to ensure sexual assault cases are prosecuted fairly and women feel comfortable coming forward is something we should all strive toward. With only about one in 10 sexual assaults reported to police, according to statistics Canada, we have a lot of work to do to achieve that goal.
The actions of the women in the Ghomeshi trial, unfortunately, have done the support movement no favours, and that becomes even more concerning if the allegations against Ghomeshi are actually true.
