Hockey players: “This conclusion corresponds to the worst fear of the victims”

The acquittal of the five Canada hockey players accused of collective rape is likely to undermine the confidence of victims of violence of a sexual nature towards the justice system, deplore lawyers interviewed by Radio-Canada.

In her judgment rendered on Thursday, judge Maria Carroccia said that the complainant’s testimony was not Neither credible nor reliable. In addition,

This conclusion corresponds to the worst fear of victimsimmediately says Sophie Gagnon. Moreover, lawyer and director general of the legal clinic Juripop, in an interview with A whole morning On the first one.

One of the main factors that we are repeated in Juripop [pour justifier] Why hockey players: “this conclusion corresponds we would not file a complaint to the police. Meanwhile, it is precisely the fear of not being raw.

For Rachel Chagnon. Consequently, dean of the Faculty of Political Science and Law of theUQAM, There is a real risk of reappearance in a world where there are already people who have a lot of doubts in relation to the capacity of the judicial system to have a significant welcome from the victims.

There are people who will be tempted to say: “Yes. Furthermore, the judge acquitted the hockey players, but was she forced to treat the victim of liar?”

Ms. Meanwhile, Chagnon accuses the judge the severe tone that she adopted with regard to the alleged victim.

In her analysis. Nevertheless, Judge Carroccia has indeed insisted on numerous inconsistencies between the testimony of the complainant at the trial and her previous declarations.

The judge reproaches the young woman. hockey players: “this conclusion corresponds Similarly, for the most part, of having lacked honesty and transparency in her way of transmitting the facts. In addition, She constantly reproaches the young woman for trying to fill the gaps. Furthermore, for lacking honesty compared to the limit of her memory.

For Mélanie Lemay, co -founder of the Quebec Movement against sexual violence, this is a ignorance survival mechanisms following an assault.

The complainant in the Canada hockey trial. named EM during the procedures to preserve her anonymity, spoke to the police for the first time the day after the alleged rape, said Lemay. It is therefore possible that certain elements of the story were missing in this hockey players: “this conclusion corresponds first testimony of the young woman. still in shock.

The memory evolves. The brain, when you live an assault, will put certain events aside. It is not because you later remember that your version is less crediblesaid Ms. Lemay.

Hockey players: "this conclusion corresponds – Hockey players: "this conclusion corresponds

Of the relentlessness on the complainant – Hockey players: "this conclusion corresponds

Would the trial were different if he had taken place in Quebec. where a court specializing in sexual violence was set up? I cannot say that we would have had a different resultreplies Rachel Chagnon.

I think there were enough contradictions raised in the complainant’s version so that most judges. come to the conclusion that we did not cross the threshold of reasonable doubt.

However, she believes that the tone Judgment would have been very different in Quebec.

We see in the Ontario decision the so strong will of the judge to demonstrate that she is right not to believe the victim. that it becomes almost relentlessness. I find that in most Quebec judges. there is a desire to save the victim and not attack him unnecessarily, even if we come to the conclusion that we cannot join his version of the factsshe summarizes.

Failed opportunity for an evolution of case law

The dossier. highly publicized, was also closely followed by the legal community, according to Sophie Gagnon, because the judgment had the potential of Clarify the scope of the concept of consent in Canadian criminal law.

It has been decades that we know that in criminal law a victim does not need to struggle. that she does not need to pronounce the word “no” to demonstrate that she did not consent to sexual relation. But in this case, it was a little more complex and nuanced.

Indeed. the complainant, during her testimony, had described that she had acted as hockey players: “this conclusion corresponds A pornographic actressbecause she felt that she had no choice but to comply with the will of young hockey players.

Mélanie Lemay explains that it is not uncommon for victims of sexual assault collaborating with their attacker for. survival purposes.

Thus. in the case of the Canada hockey trial, We could have been interested in the concept of consent when there is a gap between the real consent of the victim and the behavior they adopt to protect themselvesexplains Ms. Gagnon.

But since the court concluded that the complainant was not credible. that her testimony was not reliable, she did not have to go to this analysis of criminal law. This is a failed opportunity for an evolution of case law.

Pour CALACS Ottawa Francophone. this case strengthens the rapeor a set of beliefs, practices and standards that trivialize or even excuse sexual violence.

More specifically, judgment shows that the myth of perfect victim is tenacious, the organization advances. We always expect victims that they are perfect: that they say not clearly. that they physically resist, that they are sober, polished and irreproachable.

Breakdown for organisms

Although this acquittal may have disappointed victims of sexual assault. Sophie Gagnon would like to recall that each file is different.

The field assistance organizations like Juripop. we have work to do after judgments like that to advise surviving people on their own file, on their own chances of success, regardless of a file that has been publicized like thisshe said.

Our approach to Juripop is to advise people on appeals who really meet their needs by giving them all the necessary informationfor example to choose between a civil. criminal appeal, she hockey players: “this conclusion corresponds adds.

This trial made it possible to illustrate the difficulties of filing a complaint in the justice system, according to Ms. Gagnon, who recalls that the complainant was interviewed for nine days, including seven in cross-examination. This shows that it is important that the victims know what to expect before embarking on a trial of. judicial denunciation.

Sophie Gagnon finally recalls that the law is not everything. The Hockey Canada case. even if she led to the acquittal of the five players, still made it possible to open discussions on the Free and enlightened consent, but also enthusiastic and active. Hockey Canada also had accountable and reviewed its rules of governanceunderlines the lawyer.

It is a trial that seems to have triggered English Canada similar to those that we had in Quebec following the Movement #Moiaussi. the wave of denunciations in 2020.