Opinion: Hockey Canada trial exposes culture of victim-blaming
All of Canada it seems was tuned into the verdict Thursday for the five hockey players accused of sexual assault. For advocates and survivors, we did so with a feeling of dread and a terribly familiar feeling of déjà vu.
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The players have of course been found not guilty. The accusation was that 2018 Canadian world junior champions and ex-NHL players Michael McLeod, Alex Formenton, Carter Hart, Dillon Dubé, and Cal Foote sexually assaulted a women called E.M. in a London hotel room in the early hours of June 19, 2018, when she was 20 years old. McLeod was also acquitted of being a party to a sexual assault, for allegedly encouraging his teammates to engage in sexual activity with E.M. when he knew she wasn't consenting.
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The judge's verdict seemed to go out of its way to dismiss the experience of E.M., calling her unreliable, despite the fact that Hockey Canada seemed to find it valid enough to award her a large settlement and the police felt there was valid evidence to pursue charges. It is worth noting that of all the cases reported to police of sexual assault, research suggests only a small percentage go to trial, so this wasn't a case without merit or reason.
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Regardless of whether these actions met the weight of a criminal act, they were at their most obvious, sexual misconduct. It has been determined in court that these five men knew the victim was drunk; they texted afterwards about getting their stories straight and they also got her to film a video asserting her consent. At no time in my entire dating life have I had to do that and I am sure you have not either.
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However, the responses online have been vicious: Comment after comment calling her a whore. Saying she wanted it. Saying she should even be prosecuted.
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I have written for this publication and others for over a decade on sexual violence. I am a survivor myself. During Me Too, we had this false moment of belief that the culture of victim-blaming or slut-shaming was over, that we had reached a new point of being able to approach the issue of sexual violence from a victim centric approach.
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Now, when I use that term I get people saying 'innocent until proven guilty.' Yes, absolutely. I am not saying, nor is any advocate, that we should not have a fair judicial process in these matters but is it fair to subject a survivor to five days of aggressive testimony when none of the players save one had to do the same? Is it fair that she is accused of trying to ruin people's lives and deemed a slut and these players are given a free pass? None of this is fair. The system
itself is designed — despite recent moves to train judges and increase awareness — to protect people who commit sexual violence and when it comes to sports stars, the public is all too happy to be part of it.
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