In a 30-page ruling that took an hour to read, Judge William Horkins described the challenges inherent in a case without physical evidence and ultimately acquitted former CBC radio host Jian Ghomeshi of all five charges: four counts of sexual assault and one count of choking.
The ruling came six weeks after the final statements were issued by Ghomeshi’s lawyer Marie Henein and Crown lawyer Michael Callaghan. Ghomeshi, 48, faced a maximum of 18 months behind bars for the sexual assault charges and life in prison for choking.
The incidents, brought forward by three complainants, occurred from 2002 to 2003. The only complainant identified was Trailer Park Boys actress Lucy DeCoutere who waived her right to a publication ban.
All three women said that they were being romantic with Ghomeshi when he suddenly became violent. When the allegations became public in October 2014 Ghomeshi asserted that the interactions were consensual.
Inconsistencies in testimonies
Horkins was scathing in his review of the women’s testimonies, which he said suffered “irreparable damage” with “shifting facts from one telling to the next.” He also recognized that anything short of guilt beyond a reasonable doubt warranted an acquittal.
In a comment which has raised the ire of groups who are trying to raise awareness of the extreme difficulty of getting a conviction in sexual assault cases, Horkins said, “We must fight against the stereotype that all sexual assault complaints are truthful.”
A graphic shared by YWCA Toronto today showed that 997 out of every 1000 sexual assault assailants walk free.
There are 460,000 sexual assaults in Canada every year. Only 0.003% lead to a conviction. #IBelieveSurvivors pic.twitter.com/imsbYmujB8
— YWCA Toronto (@YWCAToronto) March 24, 2016
Horkins also suggested that it raised doubt that the complainants maintained contact with Ghomeshi after the alleged assaults occurred.
Ghomeshi will face trial again in June on a separate charge of sexual assault from June 2008.
Protestors chant “We believe survivors”
The verdict was met with protestors outside the Ontario courthouse chanting: “We believe survivors.”
A rally and march was planned for 5:30pm in Toronto, no matter the outcome of today’s ruling. Organized by the Centre for Women and Trans People and the Office of Sexual Violence Support and Education at Ryerson University, the march will begin at Toronto’s Old City Hall and end at Toronto Police Headquarters.
The group’s Facebook page says that they are marching “in solidarity to support the women who bravely testified, the countless others who could not to go to the police, and people who have lived through sexual violence in our communities. Let’s create a space to remind ourselves and others impacted by sexual violence that we believe, support, and love survivors.”
— MyToba News
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