The Ghomeshi case has been an ongoing topic in the news for the past two years. Facing several sexual assault and violence accusations, former CBC host Jian Ghomeshi was found not guilty of choking and all sexual assault charges at his trial on March 24th. A decision due to the inconsistencies in the victims’ testimonies according to the judge, but many sees this verdict as a failure of the Canadian justice system.
In October 2014, CBC issued a statement saying that they were severing ties with Ghomeshi because of “information that precludes them from continuing their relationship with Jian.” (Global News).
Later on, Ghomeshi posted on his Facebook page that the real reason for his dismissal was “a risk of his private sex life being made public as a result of a campaign of false allegations pursued by an ex-girlfriend and a freelance writer” (Global News).
Following these events, the Toronto Police launched its investigation against Ghomeshi and actively sought public assistance for the alleged victims to come forward. By November 2014, three women filed accusations of sexual assault against the former CBC host. The events allegedly took place between 2002 and 2003. He was then officially charged with four counts of sexual assaults and one count of overcome resistance- choking, which he pleaded all no guilty to one year later in October 2015. His trial was then set for February 1st, 2016.
The Trial
The first woman to testify, whose identity was not mentioned, claimed that she met Jian Ghomeshi in December 2002 at the taping of his radio show “Play”. They saw each other a couple of times. However, the third time, the woman and Ghomeshi went back to his place after going to a pub. The victim states that “He pulls my head down and at the same time he’s punching me in the head multiple times and I’m terrified. I don’t know if he’s going to stop, can’t I take this pain.” (Global News). She recalls being on her knees and criying before Ghomeshi asked her to leave. Then, when asked if she kept contact with Ghomeshi after the incident, the woman answered that she did not. However, during the cross examination Ghomeshi’s lawyer, Marie Henein brought up some friendly emails the woman sent with a bikini photo of herself attached to one of them after the event. The woman claimed that the emails were serving as a bait at the time, but she did forget to mention them when she talked to the police. The woman also made it clear that she did not go to the police until 2014 due to fears of being disregarded and Ghomeshi’s public exposure.
The second victim did not hide her identity. Actress Lucy DeCoutere stated that in 2003, she ended up at his house after a night out with Ghomeshi. While kissing in his bedroom, she said Ghomeshi grabbed her by the throat and hit her face. “I remember not being able to breathe,” she said. “I was just completely bewildered by what happened therefore I tried to brush it off. I didn’t leave.” (Global News). During the cross examination, DeCoutere was also shown previous emails she sent to Ghomeshi. In one of them, she wrote “you kicked my ass last night” and expressed a desire to have sex with Ghomeshi. (Global News). Ghomeshi’s lawyer then suggested that what happened that night was not a sexual assault.
The third victim, who was under publication ban, stated that in 2003, she and Ghomeshi went to a park shortly after their first encounter. While they were kissing, “I felt his hand on my shoulders and his teeth. And then his hands were around my neck and he was squeezing,” the woman testified. “I tried to get out of it and then his hand was on my mouth, sort of smothering me.” (Global News). She left the park after the incident, but she admitted having a consensual sexual encounter with him a few days later. Moreover, the woman and DeCoutere became friends after allegations began surfacing about Ghomeshi in late 2014. During cross examination, the woman admitted having discussed the case with DeCoutere and their shared contempt for him.
In the light of these testimonies, Judge William Horkins found Jian Ghomeshi not guilty of all charges. In his statement, he said “I am forced to conclude that it is impossible for the court to have sufficient faith in the reliability or sincerity of these complainants. Put simply, the volume of serious deficiencies in the evidence leaves the court with a reasonable doubt.” (CBC). Horkins states that the reasonable doubt does not necessarily deny that these events ever happened, but only that there is a lack of solid consistent proof against Ghomeshi. For instance, the third woman intentionally omitted to tell the police about the physical relations that followed the incident, which according to the Judge equated her “playing chicken with the justice system” (CBC).
A failure of the system?
Many social media users reacted profusely after the news of the verdict. The hashtag #Ibelievesurvivors was used more than 1000 times on Twitter as a support to these women. Elizabeth Sheehy, a law professor from the University of Ottawa, observes that “women are supporting each other and refusing to accept that discrepancies in the complainants’ abilities to recall details [of their behaviours after the alleged assault] and communications with the accused or others have any bearing whatsoever on the truth of their core allegations.” (Global News). However, judicial experts admitted that the judge had no other choice but to make such a decision, since in the present justice system, it is the victim who determines what constitutes as an assault on him/her.
Sources obtained from:
http://globalnews.ca/news/1647091/timeline-sex-assault-allegations-arise…