Problematic stereotypes about the way women do – or should – react to sexual assault played a role in the way Jian Ghomeshi’s trial unfolded, according to victims’ advocates in Vancouver.
The former CBC radio host was acquitted on all charges Thursday by Justice William Horkins, who ultimately found all of the accusers' stories too inconsistent and even "tainted by outright deception" to support a conviction.
He also spent part of his judgement recounting evidence that the women continued to pursue a relationship with Ghomeshi after their alleged attacks.
“Each complainant in this case engaged in conduct regarding Mr.Ghomeshi, after the fact, which seems out of harmony with the assaultive behaviour ascribed to him. In many instances, their conduct and comments were even inconsistent with the level of animus exhibited by each of them, both at the time and then years later," Horkins said in his decision.
"In a case that is entirely dependent on the reliability of their evidence standing alone, these are factors that cause me considerable difficulty when asked to accept their evidence at full value."
The women's behaviour after their alleged attacks has been heavily scrutinized on social media, but the idea that women respond a certain way to sexual assault – by immediately cutting off contact, for instance – is a misconception that contributes to the stunningly low conviction rate for sexual assault cases in Canada, according to victims’ advocates.
“It’s not black and white when it comes to how we feel about the men who’ve attacked us. Men who we love become our abusers often,” said Keira Smith-Tague, a front-line worker with Vancouver Rape Relief & Women’s Shelter.
“And it doesn’t mean you stop loving them right away or that you change your behaviour right away, because it’s confusing and it’s also hard to accept that somebody you care about would do that to you.”
One Ghomeshi accuser, Lucy DeCoutere, sent him a love letter and other messages after she alleges he pushed her against a wall and choked her without her consent.
Smith-Tague described that behaviour as “consistent with many women who have reported violence against them by men.”
DeCoutere didn’t disclose that information to investigators before the defence confronted her with it on the stand, however, which helped to undermine her credibility in the eyes of the judge. Horkins found that DeCoutere "very deliberately" chose not to be fully honest with police.
Vancouver lawyer Kendra Milne, director of law reform at West Coast LEAF, said many women feel uncomfortable being honest about their own response to assaults because they fear their actions, which can be difficult to explain, will be used to help their attackers go free.
“Sexual assault complainants are really put between a rock and a hard place,” Milne said.
“If they are fully forthright with the evidence they’re viewed as not credible because the way they reacted isn’t consistent with an ‘ideal victim.’ ”
Trying to hide their response can be just as damaging if it serves to paint them as liars, she added.
According to Statistics Canada data from 2011, only 42 per cent of sexual assault trials result in guilty verdicts, the lowest of any violent crime except attempted murder. And the Vancouver Rape Relief & Women’s Shelter said the majority of cases that are reported to police – which is believed to represent fewer than 70 per cent of attacks – never make it to court in the first place.
Milne fears the Ghomeshi verdict will dissuade even more victims from coming forward. She’s advocating for change in the Criminal Justice System, which she said could start with a broad conversation involving Crown prosecutors, defence attorneys, judges and the public at large to dispel the myths and stereotypes around victim behaviour.
In the meantime, Smith-Tague urged victims not to focus on the verdict of any one trial, and to instead draw courage from the public conversations Ghomeshi’s trial has sparked.
“Our message to all women is… call a rape crisis centre, call a women’s group, and keep reporting,” she said.
