World junior decision will be ‘a big deterrent' for sex assault reporting, advocates say
During her reading of her decision inside a London, Ont., courtroom Thursday, Superior Court Justice Maria Carroccia called the complainant, known as E.M. in court documents, to be 'neither credible or reliable.'
Carroccia found Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube and Callan Foote not guilty of sexual assault; she also found McLeod not guilty of being a party to the offence of sexual assault.
'The experience that E.M. described was very much the way trauma works: not remembering everything in order and things getting a little mixed up and not having all of your timelines straight,' said Jessie Rodger, executive director of Anova, a sexual assault centre for London in Middlesex County.
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'That's how trauma impacts your brain, and so to watch a completely no trauma violence informed judgment come down is going to be a big deterrent' for complainants, she added.
3:56
Why the judge acquitted all 5 former Hockey Canada players in sex assault trial
The five men were on trial since late April – accused of engaging in non-consensual group sex with a then-20-year-old woman in June 2018.
Much has been made in the case about consent, Carroccia said, but in her decision she said the case 'on its facts does not raise issues of the reformulation of the legal concept of consent.'
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But advocates for survivors of sexual assault disagree, and said this case shows more needs to be done within the justice system, specifically training around consent and sexual assault for all judges, said Jennifer Dunn, the executive director of the London Abused Women's Centre.
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Dunn also said if consent education were more apart of hockey culture, this situation might have been different.
'Would this have all happened if … there was some kind off framework built for them around what consent was, what is okay, what is not okay?' she said.
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The five men entered the courthouse one-by-one Thursday and were greeted by dozens of supporters of sexual assault survivors.
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While demonstrators wrote 'believe survivors' in chalk outside the courthouse and carried signs saying the same, the judge said the slogan has no place in a criminal trial.
'To approach a trial with the assumption that the complainant is telling the truth is the equivalent of imposing a presumption of guilt on the person accused of sexual assault and then placing the burden on him to prove his innocence,' she said.
'That is antithetical to the fundamental principles of justice enshrined in our constitution and the values underlying our free and democratic society.'
Dunn called the judge's words 'utter nonsense.'
'This is a landmark case where there's no consideration for the fact that women are conditioned to fear and please men — and that's just the bottom line, like look at how the system was built,' she said.
2:36
World junior trial: Players found not guilty in high-profile sex assault case
Both Dunn and Rodger say while the decision might deter people from speaking up, they want those who have experienced a sexual assault to know they have other options.
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'We're here wanting to make sure that victims and survivors of sexual violence know that there's another option. They can come to sexual assault centres, they can heal, and they can get support in other ways,' Rodger said.
'We will believe them, we will not question them, and we will support them in whatever way they need.'
London Police Chief Thai Truong commended E.M. for her 'outstanding courage and strength' in coming forward and enduring the prolong legal process.
'We remain committed to ensuring that survivors of sexual violence feel supported and safe when interacting with the London Police Service, recognizing the distinct impact trauma can have,' he said in a statement.
Troung recognized that 'incidents of sexual violence continue to be underreported, often because survivors may fear or experience additional trauma within the justice process itself. This includes fear of judgement within their communities and beyond.'
He said as police chief, he is 'determined to ensure that our service consistently delivers victim-centered, trauma-informed responses, emphasizing sensitivity, compassion, and public safety.'
— with files from Aaron D'Andrea and Sean O'Shea
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Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. 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