Advocates concerned about effects of sex assault acquittals on victims everywhere

The acquittal of five former Hockey Canada players in a high-profile sexual assault trial could have a chilling effect on all victims of sexual assault, according to advocates.

Angela Marie MacDougall, the executive director at Battered Women’s Support Services, is concerned about how the verdict will set back the work being done to support victims of gender-based, sexualized, and domestic violence.

“Anytime anybody that’s been harmed by sexualized violence will ask that question, should I report?” she said.

“What it’s also then doing is creating this other dynamic within the culture to say that, essentially, sexual assault is de facto decriminalized.”

Hilla Kerner, spokeswoman for Vancouver Rape Relief and Women’s Shelter, agrees with this sentiment, saying this verdict amounts to permission to assault victims.

“One caller told me rape is in reality legal in Canada…and now they got another permission,” Kerner said.

“It’s a very, very destructive judgment.”

MacDougall says Thursday’s result will feel like a warning to victims, “one that certainly will continue to reverberate through every hospital and exam room, every university, every crisis line call, every sexual assault centre, every transition house, every therapist’s office.”

She says the criminal legal system is already not a good place for survivors of sexual violence, and this is going to make it worse.

Right out of the gate, she says, the judge’s first words that the complainant was not credible has led to “horrible messaging” in terms of what people are now saying about the case and the victim.

“It’s quite frightening to see what the result of this case has done and what is going to happen over the next weeks, not only for this complainant but for all complainants and frankly for those of us that do this work,” she said, pointing to the hostility they are now seeing.

“I’m concerned about how all of this is going to shake out, knowing how much victims are already put under scrutiny. It’s only gotten harder.”

Kerner says, as disappointing as the Hockey Canada acquittal has been, it may end up making a difference.

“I do think that it exposes, very bluntly, the gap between the reality of women’s experience and the response to that in the criminal justice system,” she said.

“Maybe that will be the case that will shake the system to improve itself.”

Statistics Canada says only six per cent of assaults get reported to police. Fewer than half of the reported cases lead to charges, and fewer still result in a conviction.

Still, MacDougall says it is important for victims to share their stories, saying they could call sexual assault centres or a crisis line, such as Battered Women’s Support Services.

“I don’t think that any victim should be alone with their experience, and that’s so important. Even though this case has been so devastating and in so many ways, I think anybody that’s experienced sexual assault should speak to somebody, and there are services that are available,” she said.

“The legal system is just one part of the picture. There’s so many other ways that survivors can get support and be validated, and that’s really important. Nobody should be alone with their experience.”

If you or someone you know is struggling with sexual assault or trauma, a list of sexual assault centres in Canada that offer information, advocacy and counselling can be found here.