Demonstrators in support of E.M., the complainant in the Hockey Canada trial, before the verdict at a London, Ont., courthouse on Thursday.Sammy Kogan/The Globe and Mail
Advocates for survivors of sexual violence warn that Thursday’s verdict in the Hockey Canada case could discourage victims from going to police.
Five former junior hockey players were acquitted of sexual assault after a trial that included seven days of gruelling cross-examination of the complainant by different defence lawyers. In delivering her ruling, the judge said the woman was not credible.
Supporters of sexual-violence victims say they are disappointed by the verdict, which they say was based on misconceptions about survivors.
“There was real harm done today with this judgment,” said Jessie Rodger, the executive director of London-based Anova, which provides support to those affected by gender-based violence.
Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote and Alex Formenton were acquitted on all charges of sexually assaulting a woman, known publicly as E.M., in London, Ont., in 2018.
In her decision, Justice Maria Carroccia said that E.M. was not as intoxicated or scared on the night of the sexual encounter as she later testified. Justice Carroccia also concluded that E.M. consented to sexual activity.
Read the judge’s full decision in Hockey Canada sexual-assault trial
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This kind of argument, Ms. Rodger said, amounted to victim blaming. “Every rape myth that my organization has put to bed over the last 20 years was coming up,” Ms. Rodger said.
Kat Owens, a lawyer and the interim legal director of LEAF, which uses litigation, law reform and public legal education to advance gender equity, said she was “disheartened” to hear some of the language being used in Justice Carroccia‘s decision.
While the judge conceded it was a “relatively minor point,” she cited examples such as E.M.’s inconsistencies about her weight as flaws in her credibility.
“The complainant was asked why she testified in chief that she weighed 120 lbs when, after reviewing her medical records she knew that when she was weighed by the nurse on June 22, 2018, she actually weighed 138 lbs,” wrote Justice Carroccia in her decision.
Jeff Manishen, a criminal-defence lawyer who is not involved in the case, said it was notable that the judge concluded E.M. consented, which was more than what was required to find the accused men not guilty.
“A finding of actual consent is significant, if only because she could’ve said, ‘I have a reasonable doubt about whether the complainant did, in fact, consent,’” he said.
Karen Bellehumeur, E.M.’s lawyer, said on Thursday that ‘the justice system must do better.’Sammy Kogan/The Globe and Mail
Shortly before the decision was announced on Thursday afternoon, Deepa Mattoo, a lawyer and executive director at Toronto’s Barbra Schlifer Commemorative Clinic, said she and others at the clinic, which provides free legal advice for survivors of sexual violence, had been watching the reporting coming from the courthouse in London.
“I can tell you that some of the conversations that we are having is that this is anxiety-provoking, and it’s very heartbreaking, and there is a lot of disappointment,” Ms. Mattoo said.
Protesters express support for complainant in Hockey Canada sexual-assault case outside courthouse
She said the threshold for proving sexual assault beyond reasonable doubt is so high that survivors “who take so much courage in coming forward” often have to face the “harsh reality” that what they say can’t be proved in court.
She said that survivors were hoping to see some acknowledgment that what happened to E.M. was wrong.
On Thursday, advocates for survivors of sexual violence showed up outside the courthouse in London to support E.M. and other survivors.
Outside the courthouse after the verdict, E.M.’s lawyer, Karen Bellehumeur, said that “the justice system must do better.”
“[E.M.] felt that the sexual violence she experienced should not be concealed, she felt there needed to be accountability, but her choice to testify came at a great personal cost,” Ms. Bellehumeur said.
Nearby, a woman held a sign that read, “Thank you E.M. for your courage.”
Jennifer Dunn, executive director at the London Abused Women’s Centre, says the case has triggered old feelings in some long-term clients.Sammy Kogan/The Globe and Mail
The London Abused Women’s Centre has seen a slight uptick in calls over the past few months, executive director Jennifer Dunn said.
Even some long-term clients have been affected by the case as it triggers old feelings, she said.
“It’s definitely impacting people, and in a long-term way, in a historical way, and in a crisis-like way,” Ms. Dunn said.
Despite the verdict that was heard on Thursday, Ms. Rodger said they hope this case has a positive and lasting impact. Since the trial began, more than 250 people have applied to volunteer with Anova.
Ms. Rodger said they hope survivors of sexual assault are aware that there are centres across the country that will provide support.
“You will be believed,” Ms. Rodger said.
With reports from Sophia Coppolino, Sean Fine and Robyn Doolittle