Channelling anger

Brian Hodder: Like many other people in this province who followed the Doug Snelgrove sexual assault case, I felt somewhat surprised when I heard the result last Friday night.

Like many other people in this province who followed the Doug Snelgrove sexual assault case, I felt somewhat surprised when I heard the result last Friday night. At the same time, it did not come as a complete shock.

Sexual assault cases are very difficult to prove because sexual activity usually occurs in a private setting without witnesses present, meaning it falls upon the victim to prove whether consent has taken place. When the use of a judgment-altering substance such as alcohol is added to the equation, the issue of consent becomes even more confusing and difficult to discern. With the adversarial nature of our justice system — where witnesses are grilled over details by lawyers on both sides in front of a room full of people — added to the mix, it is little wonder why the majority of victims fail to come forward. Going through the trauma of reliving the assault in such a public venue, having your statements vigorously challenged by a defense lawyer and knowing there is a very good chance that the case will not lead to a conviction would lead most of us to question whether we would participate in this process if we experienced a sexual assault.

It is not surprising that the not-guilty verdict was met with anger in a lot of quarters and a number of protests have been held in the days following the verdict. The fact that the accused was a police officer who was on duty at the time added a new level of outrage to those who are angered by the victimization of women in our society and the response to the verdict was much more passionate and organized.

While it is encouraging that there has been a larger community mobilization around this issue, it is important that the anger driving this does not become indiscriminate and is tempered by cool heads and rational thought.

While the majority of protesters used their voices to show their displeasure, some chose to spray paint messages condemning “rapist police” in areas of the downtown. During subsequent protests, some stated that they had lost all trust in the Royal Newfoundland Constabulary. While such feelings may be understandable, they do little to advance the cause of protecting women; just because one police officer chose to engage in this activity does not mean they all do. While we may be angry at the result of the trail, the discipline for Snelgrove from the RNC is still in progress and will likely lead to severe repercussions based on his extreme breach of conduct.

In the meantime, we need to remember that just as not all protesters chose to vandalize public property, not all police officers will abuse their authority.

The other focus of this trial which will require much rational thought and debate is the issue of consent, especially when alcohol and other substances are involved. What level of inebriation has to be reached beyond which consent can’t be given? How is consent to be verified if both people are equally under the influence? Can either of them consent? Do we hold a different standard for men than we do for women when it comes for consent when inebriated? If a woman is unable to remember giving consent due to a level of inebriation, what if a man at an equal level of inebriation is unable to remember if he asked for consent?

When it comes to human interactions, especially those involving romance and sex, there are usually many nuances involved and it isn’t always black or white.

None of this negates the terrible impact that sexual assault has on people, and it is clear we have a problem in how our society deals with it. Based on results, it also seems clear that how our legal system processes these cases is not working. Hopefully we can capture the anger over this verdict and channel it into constructive changes. In order to do this, we will need input from all levels of society.

When it comes to human interactions, especially those involving romance and sex, there are usually many nuances involved and it isn’t always black or white.