Jacob Hoggard’s trial raised the issue of sexual consent

Band singer Hedley was found guilty on Sunday of a number of sexual assaults causing bodily harm against one of the two complainants. He was acquitted on both charges, and of sexual harassment, in the case of another complainant, a teenager at the time of the events.

As is often the case with sexual assault trials, the issue of consent will be at the center of this criminal case, observers agree.

The Crown accused Mr. Hoggard a teenage fan of Hedley and a girl in Ottawa in two separate encounters in the fall of 2016., pleaded that sex be consensual.

High-profile cases like these have the power to shape our understanding of consent in sexual matters, lawyers and activists point out: These trials expose harmful misconceptions or misconceptions. opinions that permeate the courts and society at large.

It’s great, but also disturbing, to try to shed a little light on some of these stories.said before sentencing Megan Stephens, criminal lawyer and constitutional law expert from Toronto.

” These types of cases make some people wonder if they should come forward and report what happened to them. “

Canada has some of the most progressive laws on permitting sexual assault cases, according to legal experts, but the problem lies in how the law is applied.

The Criminal Code requires that consent be given with consent, through the words or conduct of a person, that is, through signs indicating oorather than the absence of signals to tell No..

Consent can also be revoked at any time during a sexual relationship.

At Jacob Hoggard’s trial, Ontario Superior Court Judge Gillian Roberts told the jury, citing the decision of the provincial Court of Appeals, that in a case of sexual assault, consent means knowing whether complaining, in his mind, sexual touching wanted to take place.

Everyone has their own preferences

Constitutional scholar Megan Stephens, a former Crown prosecutor, argues that this personal standards This means that many cases of sexual assault go to jurors ’assessment of the credibility of the complainant and the accused, based on the evidence presented at trial.

Jurors usually do their best to follow the law, he said, but their identity can influence their decisions and what they choose to believe.

Many observers noticed the apparent gender imbalance in the jury at Jacob Hoggard’s trial, which apparently consisted of 10 men and 2 women.

We have learned a lot over the years about implicit biases and how they affect our perceptions and experiences. And I think the jury system is not immune to that.said Ms. Stephens, who promotes women’s rights in the justice system.

” Sometimes it’s hard for people to understand the experiences of others when they haven’t been there – if it’s a male juror trying to figure out [ce qu’a vécu] a plaintiff, or a white jury facing a black woman. “

Canadian courts are wrestling with myths and stereotypes who are inevitably included in the judicial process, and even judges can easily fall prey to them, also warned Pam Hrick, director and general counsel of the Women’s Legal Education and Action Fund.

Beacons from the highest court

The Supreme Court of Canada has passed several decisions over the past few years that have found lower courts erred in their application of sexual assault law, Hrick said.

These judgments make it possible to rectify the situation in a system that has subjected complainants to an unfair process, according to him.

It shows how social recognition of the #MeToo movement has gone to the courts, but more work needs to be done to bridge the gap between Canadian law and our evolving understanding of consent, Hrick said.

Sometimes there is a disconnect, I think, between public perception of the application or evolution of lawhe says.

” We must be vigilant and continue to push for change while trying to save some of our gains. “

Farrah Khan, director of Consent comes first (Consent Comes First) at the Metropolitan University of Toronto’s Office of Sexual Violence Support and Education, believes the trial of Jacob Hoggard illustrates how misconceptions about sex and consent remain in both the courtroom and in society. .

Defense attorneys lied that the plaintiffs lied that they had been raped, a lie intended to cover up their embarrassment after being thrown by a speedboat.

The challenge is we will treat the consent as a tick box, Ms Khan said. Consent is associated with a conversation […] And it’s continuous, it’s reversible, this conversation.