The unfolding Jian Ghomeshi scandal has raised the question: Why are his alleged victims only now speaking up? But it鈥檚 no mystery. To report a sexual assault is to initiate another ordeal; it is to risk more distress and shame; it is to embark on a painful journey through the justice process with no guarantee that the victim will see justice done.
Until better ways can be found to help victims through this process, women will continue to be reluctant to report this ugly crime.
Ghomeshi was the CBC star fired Oct. 26 amid allegations of sexual harassment and violence against women. Although Toronto police have launched an investigation, no criminal charges have been filed, and nothing has been proven in court.
The previous paragraph is similar to what will be found in almost any article or commentary on Ghomeshi these days. It satisfies the requirements of fairness and legality 鈥� a person cannot be convicted in print or a broadcast until found guilty after a proper trial. It鈥檚 the golden thread that winds throughout the justice system. The presumption of innocence is a fundamental legal right. The burden of proof is on the Crown.
Therein lies the dilemma in sexual assaults. It鈥檚 the prosecution鈥檚 job to establish guilt beyond reasonable doubt; it鈥檚 the defence lawyer鈥檚 job to raise doubts. The evidence must be able to stand up to vigorous scrutiny. Relaxing that standard would rob the justice system of its integrity.
While presumption of innocence is the right of the accused, in sexual-assault trials, that same right is not extended to the victim. She (the overwhelming majority of such victims are female) will be subjected to gruelling questions about her integrity, her character, her past sexual encounters, how she was dressed, if she is prone to drinking too much or abusing drugs.
If the accused is a powerful person or someone with lots of money, the battle becomes even more intense.
All this follows an exhaustive and exhausting investigation that could include a physical examination for proof of assault, which is in itself another assault. While police have become much more sensitive, the victim is still compelled to relive her ordeal many times. The bandage keeps getting ripped off before the wound can heal, if it ever could.
The website sexassault.ca says that only about six per cent of sexual assault cases are reported to the police. It鈥檚 hard to say if that鈥檚 an accurate number, but many studies suggest only a fraction of such cases are reported.
Is it any wonder? If you are held up at knifepoint, you do not hesitate to call 911. You lose your money and some peace of mind, but no one blames you for the theft.
No one accuses you of leading the thief on. No one says it鈥檚 OK to be robbed if you were drunk. You are not made to stand up in court and be robbed again. You are not then vilified on social media by Internet trolls and compulsive tweeters who have no compassion and little regard for rules of evidence.
We cannot abandon the rules of evidence. The presumption of innocence until proven guilty is paramount. But somehow, we must achieve that without punishing the victims. Women caught in this ordeal must be supported, encouraged and reassured that they won鈥檛 be blamed for something that wasn鈥檛 their doing.
Nine women have alleged abuses by Ghomeshi; two have let their names become public. Perhaps others 鈥� not just in this case, but in others not so well-known 鈥� will step forward, and the stigma of sexual assault can be eased.
Then maybe something good can come from this sordid tale.
