Pack the Court: No Silence on Sexual Violence

Supporters, including Mandi, outside Old City Hall during the Ghomeshi trial.

On February 1st, young feminists descended on Old City Hall in various shades of pink clothing and lipstick to attend a sexual assault trial.  We weren’t there for the Ghomeshi trial; we were there for the Ururyar trial.  We were there to support our friend and fellow activist, Mandi Gray, as she testified against Mustafa Ururyar.

The first three days of the trial were filled with rape myth-based motions, blatant victim blaming and parallels being drawn between what was happening one floor below in the Ghomeshi trial and what we saw in the courtroom we sat in.  Following three days, half of which Mandi was on the stand under cross-examination, the trial as put off until April to review new evidence.  After watching Mandi testify, she is no doubt the toughest person I know; the defense lawyer in this case has attacked her character and self esteem throughout the entire cross-examination.

Catherine Porter of the Toronto Star was present and covered what has happened in the trial thus far:
http://www.thestar.com/news/insight/2016/02/07/the-sex-assault-trial-one-floor-above-ghomeshi-porter.html

Porter wrote, “there was a line up outside this courtroom too- not of journalists though.  Most of the crowd in the small domestic violence court were young feminists, here to support their friend, Mandi Gray”.  I want to talk about who that group was, including Mandi, and why we were there.

The line up outside of the courtroom where Mandi was testifying was made up of people from across Toronto; there were students from York, University of Toronto and Ryerson.  On all three days, there were between 30 and 40 people in the court room.  We were there to support Mandi and wore pink to show our solidarity.  I’ve had a number of people ask me why we were there and do we really think it makes a difference?  My answer is yes and no.

Why yes?  Apparently supporting a sexual assault survivor is a radical thing to do, both in our criminal justice system and generally.  With the Ghomeshi trial, the amount of victim-blaming and slut-shaming in the media, online and at dinner tables has increased substantially.  The media filed a motion in court to publish a photo of a sexual assault survivor in a bikini, need I say more?  The rape myths present in the criminal justice system continue to be blatant, especially during cross-examinations.  To come out and support a survivor who is testifying sends a clear message that we believe them.

In a world where over 50 women can accuse one man of sexual assault and we don’t believe them, believing women becomes viewed as radical.  In a world where survivors are not believed and face a criminal justice system that re-victimizes them, wouldn’t it be nice to have 40 people or even just one person in your corner?  The Crown and Judge aren’t in survivors’ corners; they aren’t there to make sure the survivor isn’t re-victimized on the stand.  We were there to be in Mandi’s corner.

Why no?  Our presence isn’t going to sway a ruling.  We were there because we all know that the system is broken and has always been broken.  We are all well-versed in the issue of sexual violence and know the criminal justice system does not protect survivors or convict perpetrators.  While we hold some hope that Ghomeshi and Ururyar will be found guilty, we know this is a long shot.  There’s been a lot of media focus on Ghomeshi’s lawyer and how the survivors were not prepared to testify, but these issues are much bigger than one individual case; this is an entire system that is ineffective in addressing sexual violence as a crime.

Our presence won’t sway a ruling and these rulings won’t sway us.  We know that a “not guilty” verdict does not mean violence didn’t occur.  These verdicts have no bearing on whether or not violence occurred; they have bearing on the criminal justice system’s ability to properly apply criminal law to sexual assault.  In court rooms filled with rape myths, victim-blaming, slut-shaming and a focus on literally everything but the violence in question, the answer is no, the criminal justice system is not in a position to determine if violence has occurred.

No matter what the judges in these cases rule, the response to these verdicts is going to be loud.  We won’t be going home and accepting that the criminal justice system has done its job.  The people who have been standing outside with signs aren’t going away.  Those of us sitting in Old City Hall are all advocates in a variety of ways; we are documentary film makers, members of Silence is Violence-York, placement students at VAW organizations, members of Silence is Violence- U of T and the Ryerson Feminist Collective, and individuals who want to see a world without violence.

We made a Facebook event to support Mandi.  We have sat in the court room laughing, sighing and making side comments throughout the trial, knowing the judge could kick us out (he didn’t).  Mandi has kept her head up despite the amount of attacks on her self-esteem and character, and will return to testify in April.  She is also bringing forward a Human Rights Complaint in how York University handles sexual assault.  We are unapologetic in believing survivors and we will be back at Old City Hall in April.

“Guilty” or “Not Guilty”, we aren’t going to be silent about sexual violence.