A Call for Respect and Gratitude for E.M.'s Courage

Strategic Insights -

As law professors specializing in sexual-assault law, Elizabeth Sheehy, Janine Benedet, and Isabel Grant have been inundated with media questions about the recent Hockey Canada sexual-assault trial. They argue that regardless of the verdict, E.M. deserves our respect and gratitude for her bravery in testifying against her alleged attackers. The trial has highlighted the importance of Canada's sexual-consent law, which requires voluntary agreement from the complainant in each specific sexual act, free from coercion.

Key Takeaways:

  • Canada's sexual-assault law is one of the best on offer for complainants, requiring voluntary agreement from the complainant in each specific sexual act, free from coercion.
  • Voluntary agreement must come from the complainant, and it must be free of coercion, which means agreeing because you are afraid to say no or too intoxicated to resist is not voluntary.
  • There is no such thing as "generic" or "global" consent, and E.M. would have had to agree specifically to each sexual act.
  • The reasonable-steps obligation to ascertain consent becomes more onerous with the danger or fraughtness of the sexual contact, and in this case, the number of men involved and E.M.'s vulnerability heighten this obligation.
  • A man's honest belief in consent can be negated if he is reckless and sees the risk of non-consent but proceeds anyway, as seen in this situation where the risk of non-consent was high due to the number of men and their implied threat.
  • The authors argue that some media and individuals are using this case to call for alternative processes for sexual assault outside the criminal justice system through "restorative justice," which they believe misses the mark and may be immune from sexism.
  • The authors emphasize that women are entitled to rely on a criminal justice system that respects both women's equality and their right to a fair-trial process.

Statistics:

  • up to 9 strangers entered a room where E.M. was intoxicated and naked, having just had sex with their teammate.
  • The number of men involved in the alleged assault implies a threat to E.M.'s vulnerability.
  • The authors mention that men's honest belief in consent can be negated if they are reckless and proceed despite the risk of non-consent.

Sources:

  • Sheehy, Elizabeth, Janine Benedet, and Isabel Grant. "A Call for Respect and Gratitude for E.M.'s Courage." The Globe and Mail.