Jian Ghomeshi’s acquittal of charges relating to sexual assault was one many anticipated, few openly celebrated, and all knew would be controversial.
Ghomeshi, the former host of CBC Radio’s flagship show, Q, wasn’t found guilty beyond a reasonable doubt. He probably did what was alleged but unsurprisingly, the victim’s testimonies weren’t found to be legally solid.
As the trial has demonstrated, women have too often been failed by the legal system in sexual assault cases. There now needs to be new solutions to address this profound imbalance.
Deciding what solutions to pursue will be difficult. The constitutionally-guaranteed rights of the accused will prevent relaxing the burden of proof.
Some legal experts have suggested restorative justice replace current criminal trial procedure, which is adversarial and callous in nature. This method can focus on the needs of the complainant, rather than re-victimizing the person in a court.
More support services and legal aid can provide victims with the resources they need to come forward. The province is providing up to four hours of free legal advice through a $2.8-million pilot program. Expansion of this project should occur.
The problem transcends the courts, however. The same culture allowing legal issues to exist also allows victim-blaming, and misogyny to be perpetuated on our university campuses.
If not a catalyst for change, the Ghomeshi trial must at least produce some serious discussion about how we prosecute violence against women.
