'Nobody wins' in sexual assault cases, says survivors' advocate

Allegations against a handful of hockey players are drawing renewed attention to consent culture in Canadian sports. Meanwhile, sexual assault survivors’ advocates are calling for public sensitivity as the case moves through the courts – a process that can be deeply traumatizing for victims of sexual assault across the country.

Over the weekend, Alex Formenton, former Ottawa Senator and member of Canada’s 2018 World Junior team, surrendered to police in London, Ont.

In a statement to CTV News, Formenton’s lawyer Daniel Brown confirmed “The London Police have charged several players, including Alex Formenton, in connection with an accusation made in 2018.”

According to a report in the Globe and Mail, the charges are related to an alleged group sexual assault of a woman in an upscale London, Ont. hotel room, following a Hockey Canada Gala in June 2018. It’s believed Formenton was the first to surrender to police.

“Alex will vigorously defend his innocence and asks that people not rush to judgment without hearing all of the evidence.” Brown in a statement.

The allegations have not been tested in court.

Sexual violence prevention advocates are calling for public sensitivity for the alleged victim.

“I think people often question the behaviour of sexual assault survivors. They question the timing,” said Bailey Reid, CEO of The Spark Strategy, a consulting agency for sexual violence prevention.

“I think it’s really important to challenge those ideas when you hear them,” she said. “If this was something that, maybe, she didn’t want made public, or she initiated a criminal process, but now she’s hearing backlash … I think that can be really difficult.”

Experts say sexual assault cases are often emotionally taxing, and they can be challenging to carry out in court. However, when they get widespread attention, they may be triggering for victims elsewhere.

“Not only is this survivor watching this and feeling the impacts, but all the survivors in our lives are watching this and feeling the impacts,” said Reid.

Reporting sexual assault a long process

“I’m a survivor of sexual violence,” said Dawn Moore, a professor of law and legal studies at Carleton University.

“I did report my rape to the police and I had to tell my story 14 times and I didn’t even go to trial,” she said.

Moore says that alleged victims will have to tell their story repeatedly, and that there is evidence the process can be deeply re-traumatising.

Sexual assault cases are often complex, she says. Advocates believe it’s hard for people to find closure in the courts.

“Courts were never set up for sexual assault. They were set up to protect property and that’s it,” she said. “When we get into questions of sexual assault, the whole thing gets turned on its head, because the question isn’t really guilt or innocence, its consent, and we can’t prove consent.”

Consent, Moore says, “is not something that can be documented.”

“It’s just the battle of ‘He said, she said,’ and that’s not a winnable battle.”

“I don’t think anyone wins in sexual assault trial. No matter what the outcome is, nobody wins,” said Moore. “The person who did the harm needs help and they’re not going to get help and the person who was harmed needs support, and needs control over their story, and they’re not going to get that either.”

Reid says she hopes the alleged victim is supported, and that education resources are extended to teams and sports organizations.

“We all have a role to play in ending sexual violence,” said Reid.

“How do we make sure that, at a cultural level, our team, our organization, the athletes that we work with, don’t think this is acceptable?” she continued. “How do we make sure that they’re not excusing each others behaviours, but rather holding each other accountable?”