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Open thread for discussion of Jian Ghomeshi acquittal

Jian Ghomeshi
Jian Ghomeshi

Today, as CBCNews reports:

Jian Ghomeshi has been acquitted on four counts of sexual assault and one count of choking by an Ontario Court judge who says the “deceptive and manipulative” evidence of the complainants raised a reasonable doubt in the guilt of the former CBC Radio host.

Share your thoughts below. This thread is a NO TROLL/NO MRA etc thread.

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RosieLa
RosieLa
8 years ago

Well.
When I disclosed my then ongoing rapes at the age of fifteen (they started when I was in grade three) I was told to not report because nothing could possibly come of it. This was in Ontario as well.
It broke my spirit and destroyed all of my faith in any sort of societal system. I’m still learning to live with both of these aspects, which now includes reconciling my subsequent anarchism to our capitalist system. If I hadn’t had my faith destroyed maybe I wouldn’t be rioting in the streets on a regular basis and facing the subsequent “love” that protesters experience.

In a way I’m thankful that I was so shattered that I couldn’t progress through the system, despite how evident the scars are in my mind and on my body. I’m devastated today that this happened; there is no way that I would have survived similar as a teen.

If you need me I’ll be crying in a corner. I’ve had to be a professional all day today, and the sobs are building up. I don’t want to be in a world where this bullshit carries on.

weirwoodtreehugger
8 years ago

Before we start talking about brain scans that somehow read minds, let’s focus on the forensic technology we already have and aren’t utilizing. I don’t know if it’s an issue in Canada, but in much of the US, rape kits are not even being processed.

Samantha Bee just did a great bit on it. I wish it was something the “real” news would discuss more often

[youtube https://www.youtube.com/watch?v=UrxTrR5_8Zo&w=640&h=360%5D

Rape kits aren’t an issue in the Ghomeshi case, of course. But in general, it’s an important issue.

ETA: How do you get YouTube to embed on this site? The URL doesn’t work and the embed code doesn’t work for me either.

Nequam
Nequam
8 years ago

Just post the URL with http instead of https and no &w= and h= delimiters– the board sizes it for you. (Although editing a post may cause it to fail.)

weirwoodtreehugger
8 years ago

Thanks. Hopefully I’ll remember that.

Nequam
Nequam
8 years ago

Huh. I had that working for a moment, and then when I edited the post to clarify the text it didn’t embed. Weird. (Edit: Apparently the board software needs a little catching-up time, ’cause it’s there now.)

Anyway– typically, posting a negative thing in a positive thread would be called “threadcrapping”, but what would you call posting a positive thing in a negative thread? I just thought we might want a breather from the lousy day, and so I wanted to show y’all the very nifty gift a friend of mine sent me:
comment image

They are vignettes in the style of vintage dioramas called “diableries”.

RosieLa
RosieLa
8 years ago

I love diableries.

rick
rick
8 years ago

I stopped following this case cause I knew he’d be exonerated. I recently saw an article about the victims “colluding” with each other. Not sure if that’s what worked to get this verdict, but its indicative of how rape is framed depending on its social context. In the West, unless its the maniac-in-an-alleyway trope, rape does not exist. We are too “civilized” for that, and of course, civilized here is translated as white, European, straight and male. So women who accuse men of rape in this context are “falsely accusing” because rape does not exist in the civilized western world. Whereas, elsewhere, it is part of “their culture”. The Cologne attacks are a perfect example of this dichotomy. Those rapes were “real” because they were committed by non-white, “foreign” men, outsiders on the edge of civilization. Cause its always them, and never us… cue the rightist blathering… and on and on and on…

Aerinea
Aerinea
8 years ago

@Nequam We usually call positive things in a thread like this “brain bleach” and it frequently consists of cute baby animals. Brain bleach is always welcome.

Nequam
Nequam
8 years ago

@Aerina: gotcha. I thought it might be a bit more personal and unusual than the usual brain bleach of cute fuzzy critters, but it really was a delightful surprise to get those in the mail today…

As for the verdict: like far too much of the news lately, I reacted with a sigh and something between disgust and resignation. And if I dwell on it too much I will make myself crazy. (Even Prozac may have its limits, after all.)

Auntie Alias
Auntie Alias
8 years ago

After reading the verdict transcript, I’m less angry but still sad.

I’m left with two questions:

1. How did the defence lawyer manage to convince the court to give her access to the complainants’ personal emails and text messages? Supposedly they’re not given access just to go on a fishing expedition; they’re required to have a good reason, like to investigate suspicion of collusion, for example.

2. How is it civilized and fair to eviscerate alleged victims of violence on the stand? I get that it’s an adversarial system but come on. At one point the Crown attorney objected saying the cross-examination had become abusive and the judge disagreed. The harm it inflicted on Lucy is going to haunt me.

Edit: Oh yeah. Gotta love this bit at the end of the article.

Ms. Henein did not directly respond to a request for comment, but a partner in her firm, Scott Hutchison, said the complainant’s characterizations of her courtroom behaviour “are false. It would be wrong for you to repeat them.”

Really. Is that a threat? They were personal opinions so I don’t see a problem with that.

CathyC
CathyC
8 years ago

The defence lawyer had the emails and text messages because Gomeshi kept them.

ColeYote
ColeYote
8 years ago

I am completely unsurprised to say that, like all sexual assault cases, people are saying the accusers made the whole thing up. Never mind the very important point that “not guilty” is different from “innocent.” Hell, the judge MENTIONED that just because he wasn’t convicted doesn’t mean the events didn’t happen. Legal standard of proof for a conviction is “beyond reasonable doubt” and sexual assault is almost impossible to prove to that standard.

@Nequam & WWTH: I’m becoming quite the fan of Samantha Bee.

lightcastle
lightcastle
8 years ago

I’m still mad.
I could have come to terms with the verdict in and of itself, since the crown clearly was a disaster and I actually do believe in a high bar to prison.

But the judge’s almost vindictive insistence on “they weren’t good victims” is gross and enraging.

Fishy Goat
Fishy Goat
8 years ago

A lawyer in Toronto is putting forward an alternative to going through criminal court:

Courts are failing victims of sex assault: Here’s how to fix a broken system

Zatar
Zatar
8 years ago

I actually was surprised in this case. It seemed like everyone who had defended him had turned on him. Canada as a whole didn’t seem to be on his side so I thought maybe just this once a rapist would face some version of our vaunted Canadian justice. Nope! Turns out that even that was having to much faith in both humanity and Canada.

Auntie Alias
Auntie Alias
8 years ago

@CathyC

I meant the thousands of emails and text messages exchanged between Lucy DeCoutere and another complainant.

Social Justice Atheist
Social Justice Atheist
8 years ago

Ehh…I’m not touching this one right now. Too triggering.

EJ (The Other One)
8 years ago

@Aerinea:
http://i.imgur.com/me5Ug8E.jpg

Your invective-laden rant said what we’re all thinking.

Kat
Kat
8 years ago

@Auntie Alias
Nice to hear from you–it’s been a while! It’s a shame that the thread had to be a sad one.

Fishy Goat
Fishy Goat
8 years ago

@Social Justice Atheist

No shit. :/ Do what you have to.

Scott
Scott
8 years ago

The lawyers representing the women did a horrible job preparing them:

The first witness:
http://www.chatelaine.com/news/what-i-wish-id-known-before-testifying-in-the-ghomeshi-trial/

“I wish I’d known that my memory, above all, would be on trial…I wish I’d known how important that was; I would have prepared more to defend my memory. ”
Her lawyers didn’t make this clear to her? Her word vs. his word were the only facts to base the case on; WHAT ELSE was the defense going to go after to defend him?

Why hasn’t anyone else noted this?

DeCoutere speaks about the trial:
http://www.chatelaine.com/news/exclusive-lucy-decoutere-on-the-ghomeshi-disaster/

“But because I was brought in early, the Crown never sat with me and said, “This is how you answer the freaking questions.””

“Gillian didn’t prep you on Henein’s strategies?”

“No, because I don’t think she’d seen them. I was told that [Henein] would pace around.”

Why wasn’t she worried about her contact after Thea alleged assault:
” I didn’t think it mattered — because it shouldn’t matter. Now I understand that it matters because it measures your memory. I didn’t know my memory was on trial.”

This last sentence if proof that her lawyers did NOTHING substantial to prepare her for the trial. The only proof about something that happened over a decade ago is her word vs his word AND the fact defense attorneys alway do their best to go after the credibility of the accuser makes it clear to anyone with familiarity with rape cases, that her memory is the only thing on trial because it is THE only evidence in this case.

That both women were surprised that their memory was on trial and were not prepared for it says a lot of nasty things about their lawyers.

Dr. NicolaLuna
Dr. NicolaLuna
8 years ago

@FriendlyFyre
Your post was awesome. This part in particular

Being assaulted by an acquaintance doesn’t make them just “stop” your social relationship with them, largely because the nature of assault can be so shocking and confusing that it’s easier to treat them the same and try to believe it was a “mistake”

was really helpful for me to read. It took me a few weeks before I stopped talking to the man who raped me. It wasn’t until I heard him bragging about it at a party (thanks rape culture for making that socially acceptable /s) that I really acknowledged that he’d raped me. It’s always bothered me that I still stayed friends with him for those few weeks.

@RosieLa

I’m devastated today that this happened; there is no way that I would have survived similar as a teen.

I’m sorry you went through that. And it’s terrible that the system is too brutal for most people to even go to the police when they have been raped.

Rapists know that the system is stacked against women. They know they will likely get away with it. They use that.

So sad right now. I’m thankful for this site.

guest
guest
8 years ago

This American Life just did a podcast about two police investigations; the first one was about a rape victim not ‘behaving appropriately’ and thus ending up literally arrested by the police herself. (It’s difficult listening but it does have a ‘happy’ ending.)

http://www.thisamericanlife.org/radio-archives/episode/581/anatomy-of-doubt

I can’t help but wonder why the show doesn’t point out that the first victim was a poor foster child and the second victim was a well-off graduate student….

Someone just recently wrote this on another blog I read, and I found it a helpful reframing exercise:

http://www.butterfliesandwheels.org/2016/guest-post-abuse-isnt-actually-a-reaction-to-the-other-person/

I’m sure I’m not the only one who finds these situations completely no-win for the victims. I can’t immediately find it, but I recently read a post somewhere saying that the worst thing we can call a woman is ‘too’. A rape victim is always too quiet, too emotional, too angry, too calm, too clear in her memories, too vague–it’s not possible to strike that perfect balance and not be ‘too’ anything. I’ve been trying to explain to work colleagues, with little to no success, that any woman looking any way and doing any thing is always going to be ‘too’ something.

Mish
Mish
8 years ago

@RosieLa – seconding Dr NicolaLuna’s comment above. Your experience was heartbreaking to read. I hope you’re ok today (and tomorrow and all the other morrows too).

snork maiden
8 years ago

I wish I hadn’t tried to read this over breakfast.