A lot of people think Jian Ghomeshi will be found not guilty of sexual assault and overcoming resistance by choking. I think so too, but that doesn’t mean I think he’s innocent.
So much of the trial centred on the credibility of what the witnesses said occured when they dated the former CBC radio host. That’s how these defence teams do it. A woman comes forward, she gets torn to shreds, and other women maintain silence. It’s the way the system works.
But there were two things that went wrong that didn’t need to. First, the witnesses weren’t interviewed stringently enough before the trial and the defence came out with things they omitted, like contact after the attack and emails.
Second, and I said this from the day the witness list was revealed, the Crown ought to have called an expert on sexual assault to explain why the women didn’t just cut off contact with Ghomeshi immediately. It seemed like a glaring omission to me. The only place I’ve seen this position supported, is in an article written by Jacques Gallant of the Toronto Star, who interviewed a criminal defence lawyer.
My prediction? The judge will give Ghomeshi a stern warning about being an asshole to women and that if he wants to engage in “rough sex”, to get consent first. And then the judge will acquit him.
How can you slap someone without saying, hey, my version of intimacy means I need to slap you. Is that okay?
The judge delivers his decision on March 24th.