SARcasm











{March 24, 2016}   Ghomeshi
So the Jian Ghomeshi verdict comes down today. And judging from the amount of disgusting misogyny (and I am mincing my words hugely here) I am already seeing on Twitter, particularly aimed at my friend Anne – an amazing feminist blogger with the courage to speak out publicly on issues like this in the face of threats and harassment  – it is going to be awful. Hell – it already is.
 
Let me be perfectly clear here: as a high school law teacher of several years’ standing, I understand from a legal standpoint why the verdict has to be what we all know it’s going to be. I can parse the details of “innocent until proven guilty” with the best of them, and I understand that. However, from the real-world point of view of that simple question – “Did he do it?” I think most right-thinking people know he did. As NDP MP Charlie Angus stated during the trial, “Nobody close to Jian even pretends he is innocent, and somehow this isn’t an issue — the women are.”
There is a reason his lawyer is making her case by destroying the reputation and credibility of his victims rather than even for one hot second questioning whether or not these assaults occurred. It’s the down and dirty way out. Since the burden of proof doesn’t lie on the defence, all they need to do is create doubt. What easier path is there to  creating doubt than to besmirch the victims and how they handled themselves prior to, during, and especially after their abusive interactions with Ghomeshi? Indeed, given the treasure trove of correspondence Ghomeshi saved up over decades of misdeeds, this was always the plan. Which bears pointing out – THERE WAS A PLAN to protect himself … not the actions of a man who truly felt he was doing nothing wrong.
So on that score, our system is working how it’s supposed to work. But that doesn’t mean it is working in the most humane or just way possible. There are ways of investigating rape cases that are both sensitive to the victims while preserving the accused’s right to a fair trial, and we need to start implementing those things. We need to recognize that inebriation – far from negating the possibility of rape because “she was asking for it” – by definition MEANS RAPE HAPPENED IF SEX HAPPENED, because consent couldn’t have been given. We need to recognize that people are human and aren’t always going to acquit themselves perfectly, especially in and after moments of high trauma, and not throw the baby out with the bath water for a lack of “perfect witnesses”.
And we need to look at the big picture. We need to understand after the treatment of these women on the witness stand during Jian Ghomeshi’s trial, this is going to make it ten times harder for victims to come forward, being terrified of similar treatment if they don’t have photographic memory of just what the last email they sent to their assailant was, or what kind of car he drove, or if they’re going to have it held against them that they didn’t know how to react perfectly to the most volatile and violating of situations. And this is only going to perpetuate the cycle – frightened women will either not report at all, or else not until much later, at which point they will be questioned, “What took them so long?” Well … I ask you. What do YOU think took them so long? Would you be eager to open yourself up to this?
At this point, we can’t control the verdict in this case. The arguments have been made and the judge will rule, I would assume, with the best judgement they can in the case from the standpoint of our legal system as it is today. But we CAN lobby for change – in ensuring rape kits are tested in a timely manner, in increasing sensitivity to the questioning of rape victims, in limiting just how much of their personal behaviour and history is fair game for trial …
And we CAN treat each other with respect in light of the verdict. We can realize this is going to be a very traumatizing and triggering time for many, and we can treat that trauma and disappointment with respect. We can perhaps not try to dis-prove misogyny and rape culture by in fact engaging in and perpetuating it, either on social media or in the real world. We can realize that, whatever else, this trial (AND THE REACTION TO IT) has created an even more uncomfortable and potentially unsafe environment for sexual assault victims to come out in – something that was never easy to begin with – and we can be sensitive to that and work to make it safer.
I know none of this is going to happen – at least not enough of it, judging by how this case has been viewed and reacted to from the beginning – but I know I for one am going to do my part to at least improve that situation, and I hope those of you who know, in your heart of hearts, that women have been victimized here and that justice will not have been served, or at the very least believe that women deserve – at a BARE MINIMUM – a reasonable assurance of their physical safety and security when speaking up on these difficult issues, will do the same.


et cetera