Legal system normalizes sexual assault, gender-based violence, trauma therapist says following acquittals in Hockey Canada trial

Francis Campbell
4 Min Read
Legal system normalizes sexual assault, gender-based violence, trauma therapist says following acquittals in Hockey Canada trial

Article content“I am hopeful that the verdict today is not the end and I know that E.M. very much wants some good to come from this case,” Bellehumeur told reporters.Article content Kristina Fifield, a Halifax-based trauma therapist, participates in a roundtable at the Mass Casualty Commission inquiry in Dartmouth on Sept. 14, 2022. Fifield says the legal system is failing survivors of sexual and intimate-partner violence. Photo by Andrew Vaughan /THE CANADIAN PRESS / POOLArticle content“So to those other brave souls who are willing to do whatever it takes to pursue justice, we hope you do not give up.Article content“In a country, where only six per cent of sexual assaults are reported to the police, courageous people like you are important. Without you, there is no criminal accountability at all but the justice system must do better for you.”Article contentSystem changes called forArticle contentBellehumeur, like Fifield, calls for changes in the justice system.Article content“To those in institutional leadership roles, this case should be a wakeup call that more is needed from you to prevent sexual violence,” Bellehumeur said. “The impact you can have on this issue can not be understated.”Article contentDespite the verdict, Bellehumeur said E.M. endured the process for all the right reasons.Article contentArticle content Karen Bellehumeur, who provided legal assistance to E.M. in London, Ont., speaks outside the courthouse on Thursday. Photo by Mike Hensen /The London Free PressArticle content“She shed light on issues that need our attention,” Bellehumeur said. “She has fostered a nationwide conversation about sexual violence, entitlement culture, bystander responsibility, valid consent, coercion and responses to threatening, unpredictable situations.Article content“We look to this case as a turning point.”Article contentFifield said it is inconceivable that a complainant like E.M. would endure seven years of waiting for justice, two trials and nine long days of testifying, only to be willfully untruthful under questioning.Article content“No person would put themselves through that,” Fifield said. “As a trauma therapist who works with many survivors impacted by intimate partner violence, gender-based violence and sexualized violence, because of how trauma impacts the body and the brain, people don’t have all the details around things. When people go through these horrific experiences it has an impact. To say someone is not credible, to weaponize their trauma against them, it’s so unjust.”Article contentArticle contentBellehumeur said the treatment of E.M. during cross-examination was at times “insulting, unfair, mocking and disrespectful, none of which was necessary, yet she maintained her composure, kept her emotions in check, only to be criticized for not acting enough like a victim.”Article contentGutting experienceArticle contentBellehumeur said not being believed was a gutting experience for her client.Article content“E.M. did everything in her power to recount her experience honestly and to the best of her ability,” Bellehumeur said. “She agreed to do everything asked of her by the criminal justice system. She spoke to the police whenever requested, she reviewed her evidence, prepared her testimony, she answered every question, she spoke with intelligence and from her heart and it was not enough.”Article contentFifield said reform is needed throughout the justice system and other institutions, including police.

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