On July 24, 2025, as the decision in the so called “Hockey Canada” sexual assault case was delivered in a London, Ontario courtroom, we all witnessed the #metoo movement hit the brick wall that is the criminal justice system.
It was a stark reminder that while there have been some changes that make the criminal justice system less traumatizing for sexual assault survivors like identity protection, remote testimony, a few restrictions on cross examination and more support services for survivors we still have a very long way to go.
Witnessing E.M.’s experiences throughout the trial along with the final outcome have made that abundantly and painfully obvious.
As long as we continue to prosecute sexual assault cases in an adversarial system in which the survivors of sexual assault are saddled with the burden of proof on an almost impossibly high standard (beyond all reasonable doubt) and the accused are afforded countless protections justified on the basis that it is better that an acceptable number of the guilty are acquitted than a single innocent person convicted – we are going to continue to see the same results.
The results being the continuation of the shockingly high number of sexual assaults that continue to occur. And the under reporting of these crimes. And the under investigating and prosecution of these crimes. And the high rate of acquittal at trial.
These results are the unfortunate byproduct of the way in which the criminal justice system is designed and its application to cases of sexual assault.
There has to be a better way. I do not know exactly what that way is; but we cannot as a society allow what happened to E.M. inside that hotel room or inside that courtroom continue to happen. We owe it to the past, present and future E.M.’s to find a better way.
I have heard lots of commentary about opting to not participate in the current system as a way to protest its shortcomings.
While I can understand and appreciate that many survivors will be hesitant to come forward and tell their stories having witnessed both the process that E.M. had to endure and outcome in the Hockey Canada case, I would suggest a different approach.
I would encourage every survivor to come forward and tell their story.
Because you matter. And your story matters. And you are not ‘just another statistic’ but a statistic. And statistics matter in increasing awareness and allocating resources and, ultimately, in forcing change.
E.M. alone, despite her courage and conviction, could not break through the brick wall that is our criminal justice system.
But my hope is that she has inspired others to come forward and tell their stories – whether from yesterday or many years ago.
Will that brick wall be able to withstand the force of not one E.M. but of the many thousands of E.M’s out there or will it finally buckle and even collapse under the weight of all the untold stories of sexual assault?
Change is rarely quick. And it is never easy.
And it appears that the only way that it will come to our criminal justice system is through the collective force of the survivors of sexual assault who are neither being protected nor served by it in its current form.
So, if you are a survivor of sexual assault and you are ready to tell your story I encourage you to do so. Because you matter. And because your story matters. And because what happened to you was wrong. And because you are not to blame. And because you are strong and safe and supported. And because you are not alone. And because you will be believed by the people who matter. And because doing so may actually help change the system to better protect and serve the next generation of survivors.
It’s time to #floodthesystem.
