Ghomeshi trial highlights conversation on sex crimes

The high-profile trial of former CBC radio host Jian Ghomeshi has spurred a public conversation around the issue of sexual violence and victimization.

Ghomeshi faces four charges of sexual assault, and one count of overcoming resistance by choking, in relation to three complainants. He has pleaded not guilty.

He was also charged with three additional counts related to three more women on Jan. 8, 2015, but will face those charges at a later date.

A Sudbury criminal defence attorney said, from a legal standpoint, it gives the public a window into how such cases are prosecuted.

“People come into these things with their own preconceptions and their own biases, and that often is the basis for their opinion,” said veteran lawyer Berk Keaney.

Ghomeshi's trial began Feb. 1, 2016, and has drawn considerable media attention due to his position as a public figure and high-profile radio personality.

“If the presumption of innocence means something in this country, if it really means something, people should be sitting back and doing what the judge is doing; reflecting dispassionately on the evidence,” Keaney said.

Apart from the high-profile nature of the case, Keaney said Ghomeshi's trial is fairly straightforward.

“These aren't the most gross allegations,” he said. “Hundreds of these cases are happening across our country today and every week.”

While the allegations against Ghomeshi are serious, Keaney said there have been no allegations of serious injuries, or hospitalizations, from the alleged sexual assaults.

Ghomeshi's lawyer, Marie Henein, has questioned two complainants to date, and established both continued to be in contact with Ghomeshi after the alleged sexual assault would have occurred.

“What a good cross-examiner is trying to do in cases of this nature, is look for inconsistencies in the witness' accounts,” said Keaney. “She's doing what every good criminal lawyer would do in any case.”

The defence's job, he said, is to point out any inconsistencies or improbabilities in the complainants' accounts.

Similarly, if Ghomeshi takes the stand, it would be the Crown's job to highlight any inconsistencies or improbabilities in his own account.

The Ghomeshi trial has also opened a larger conversation around sexual violence and victimization.

“Sadly victim blaming and sexual violence often go hand in hand,” said Jessica Gattoni, program administrator of the Sudbury Women's Centre, a non-profit organization that provides support services for women impacted by violence or difficult life circumstances.

Gattoni said she could not comment on the Ghomeshi trial in particular, but said false allegations are very rare in sexual assault cases.

She added sexual violence affects one in three women in Canada, and one in six men.

@jmigneault