Jian Ghomeshi is a famous radio host who may have once celebrated booking a high-profile celebrity on his show. Last week, he had his aquittal to celebrate, where he was found not guilty on four counts of sexual assault and one count of choking.
The acquittal, according to defence lawyer Marie Heinen, was on the grounds there were discrepancies in the complainants’ testimonies.
After allegations of the assault were publicized, many of Ghomeshi’s colleagues came forward to express their lack of surprise. And yet, it was the victims’ credibility that was doubted in court.
Assault trials often involve the victims’ pasts being brought forward to discredit their accusations.
Rape victims must fit a certain image in order for people to believe them. They must not be sexually promiscuous, they can’t dress in revealing clothes, drink, or smoke.
Promiscuity—or perceived promiscuity—is the defence’s ideal victim. Ghomeshi was acquitted because the testimonies of four women were deemed not credible enough, despite his own promiscuous past being an open secret.
This method of cross-examination to shame victims’ past is meant to prevent false convictions, but it targets genuine complainants more than false accusers. An assault victim can never fit the image of purity and innocence that “real” victims are made to be.
Why is a system that favours perpetrators deemed the best one? It’s no wonder sexual assault charges are rarely pressed—victims are thrust into a spotlight and into proximity with the perpetrator, and rarely receive retribution, even if there is a conviction. It’s easier and less traumatic to avoid the assailant and heal independently than it is to go to court.
There is no doubt rape trials are a tricky area to navigate. The court does not want to jail the wrong people, yet it is the wrongdoers who most often walk free.
Many institutions—including Carleton—place emphasis on giving emotional support to the victims rather than focusing on large court cases. Sexual Assault Support Services is repeatedly mentioned and advertised so students know of a place they can turn to.
During frosh week, emergency numbers were scrawled on students’ shirts, and they had to wear wristbands that had Sexual Assault Support Services information on it.
Carleton’s approach to the news of the Ghomeshi allegations should be one more institutions take. It focuses on the victims and offers them support. The Carleton University Student Association’s Womyn’s Centre explicitly extended support to students who were triggered by the Ghomeshi verdict.
These preventive measures do not stop assault. They do, however, provide victims of assault with the support they might need. Until an effective way is found to try assault and rape, it is important to validate the victims’ experiences without questioning the accuracy of their stories.
