legal system normalizes sexual assault, gender-based violence, trauma therapist says following acquittals in hockey canada trial
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about 100 people gathered at the courthouse in london, ontario to voice their displeasure at the acquittal of five hockey players accused of sexual assault.
derek ruttan
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london free press
a halifax trauma therapist says the acquittals thursday of five elite hockey players in a high-profile sexual assault case is part of a system that normalizes sexual and gender-based violence.
“that is what is continuing to be seen across all of these systems and institutions, normalizing this sort of violence,” said kristina fifield, a trauma therapist who specializes in gender-based violence.
“and what message is that giving to individuals who are perpetrating these forms of violence? it’s carte blanche, meaning there is no accountability.”
ontario superior court justice maria carroccia found all five accused young men not guilty of sexual assault against a complainant known as e.m. in a london, ont., hotel on june 19, 2018.
more importantly for fifield and others, the judge made it clear in her 91-page decision that she questioned the credibility and reliability of the now-27-year-old woman, the complainant whose identity is protected by a court order.
“these high-profile cases and what was said yesterday about e.m. not being credible basically just further intensifies the victim blaming, not believing survivors,” fifield said, pointing out that the result is a deterrence for others to speak out about being sexually assaulted.
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“i have heard from a number of individuals who i’ve worked with over the years and some of my current clients that anytime these high-profile cases and decisions are made, that just reinforces the same messages that there is no justice, that they are going to be revictimized through the process, they are going to experience institutional betrayal and system-induced trauma,” fifield said.
‘prevents people from speaking up’
“it makes it very difficult for other people watching that are going through this that might be thinking about speaking up. it really prevents people from speaking up in this culture of silence around violence and then we see the criminal justice system and how it handles these cases, it’s just a complete failure all around.”
karen bellehumeur, the lawyer representing complainant e.m. during the eight-week trial, made a similar argument in front of the london courthouse after the verdicts were handed down.
“i am hopeful that the verdict today is not the end and i know that e.m. very much wants some good to come from this case,” bellehumeur told reporters.
kristina fifield, a halifax-based trauma therapist, participates in a roundtable at the mass casualty commission inquiry in dartmouth on sept. 14, 2022. fifield says the legal system is failing survivors of sexual and intimate-partner violence.
andrew vaughan
/
the canadian press / pool
“so to those other brave souls who are willing to do whatever it takes to pursue justice, we hope you do not give up.
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“in a country, where only six per cent of sexual assaults are reported to the police, courageous people like you are important. without you, there is no criminal accountability at all but the justice system must do better for you.”
system changes called for
bellehumeur, like fifield, calls for changes in the justice system.
“to those in institutional leadership roles, this case should be a wakeup call that more is needed from you to prevent sexual violence,” bellehumeur said. “the impact you can have on this issue can not be understated.”
despite the verdict, bellehumeur said e.m. endured the process for all the right reasons.
karen bellehumeur, who provided legal assistance to e.m. in london, ont., speaks outside the courthouse on thursday.
mike hensen
/
the london free press
“she shed light on issues that need our attention,” bellehumeur said. “she has fostered a nationwide conversation about sexual violence, entitlement culture, bystander responsibility, valid consent, coercion and responses to threatening, unpredictable situations.
“we look to this case as a turning point.”
fifield said it is inconceivable that a complainant like e.m. would endure seven years of waiting for justice, two trials and nine long days of testifying, only to be willfully untruthful under questioning.
“no person would put themselves through that,” fifield said. “as a trauma therapist who works with many survivors impacted by intimate partner violence, gender-based violence and sexualized violence, because of how trauma impacts the body and the brain, people don’t have all the details around things. when people go through these horrific experiences it has an impact. to say someone is not credible, to weaponize their trauma against them, it’s so unjust.”
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bellehumeur said the treatment of e.m. during cross-examination was at times “insulting, unfair, mocking and disrespectful, none of which was necessary, yet she maintained her composure, kept her emotions in check, only to be criticized for not acting enough like a victim.”
gutting experience
bellehumeur said not being believed was a gutting experience for her client.
“e.m. did everything in her power to recount her experience honestly and to the best of her ability,” bellehumeur said. “she agreed to do everything asked of her by the criminal justice system. she spoke to the police whenever requested, she reviewed her evidence, prepared her testimony, she answered every question, she spoke with intelligence and from her heart and it was not enough.”
fifield said reform is needed throughout the justice system and other institutions, including police.
“we’re never going to address the epidemic of gender-based violence, sexualized violence and intimate partner violence as long as this continues,” fifield said.
“these systems are supposed to protect, to be there to help and they just further traumatize these individuals and survivors and victims are betrayed and failed by these systems.”
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fifield said there is a public myth that female judges “are going to do the right thing” in cases of sexual and intimate-partner violence.
from left: alex formenton, cal foote, michael mcleod, carter hart and dillon dube. all are shown entering the london courthouse on july 24, except mcleod, who is shown in a file photo.
mike hensen
/
postmedia
“just because this was a woman making this decision, it doesn’t mean that this was going to be the result we needed,” fifield said. “there are many women in these systems that are also failing survivors. i see that every day in my work when people engage with systems and institutions.”
the five hockey players – michael mcleod, 27, carter hart, 26, alex formenton, 25, dillon dube, 27, and cal foote, 26 – were each charged with one count of sexual assault and mcleod faced a second count of sexual assault for being a party to the offence.
fifield said another myth is that things are getting better.
“in my work each and every day, things are not changing,” she said. “i actually think things are getting worse, with everything that’s happening in the states, with misogyny, with violence and hate, things seem to be on the upswing of getting worse. i don’t think anything has changed since 2020 (mass casualty in nova scotia) with what has taken place in our province.
“this case is another example of systems continuing to fail.”
the prosecution has 30 days to appeal the london decision.
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not an isolated case
the london case is not isolated. junior hockey players have been the subject of sexual assault investigations by police more than a dozen times over the past quarter of a century, including an investigation of sexual assault allegations against canadian players at the 2003 world junior tournament in halifax.
“the investigation remains open,” said marla macinnis, communications manager for the halifax regional police.
“historical sexual assault investigations are complex and our investigators continue to work to ensure anyone with information about this incident has had an opportunity to share it with police,” she said.
macinnis said there are no statutes of limitation on sexual assaults, so it is never too late to reach out to police with information that may be helpful to the investigation.
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