Crown wraps, asking judge to ‘find each of the accused guilty as charged’
The myth that only a certain type of person would commit a sexual assault was also put forth by defence lawyers, Cunningham says, noting they suggested their clients’ “good character” is evidence they would not commit a sexual assault.
“The fact is that many people who commit sexual assault are hard-working, highly valued members of their community whom everyone regards as being of good character. It does not mean that they can’t commit or haven’t committed the offence of sexual assault.”
The last myth is the false belief that if there is self-blame, guilt or shame, then the sex was consensual, Cunningham says, adding E.M.’s guilt and shame about what happened were “weaponized against her.”
The defence seemed to say E.M. “chose to abandon restraint” and that “flirting and dancing on the dance floor make it more likely that she would choose to engage in group activity,” Cunningham contends.
The accused individuals aren’t allowed to rely on their belief about broad advanced consent, or that just because E.M. did one thing that she would be OK with something else, as a defence, she adds.
Cunningham finishes her closing arguments by using what E.M. said during her testimony: that the men were objectifying her and laughing at her, and any one of them could have noticed she wasn’t OK, but they didn’t.
That thinking is just part of the sexual assault myths and “mistakes of law about what consent is and how it can be communicated,” Cunningham says.
“I urge Your Honour to accept the evidence of E.M. and we urge Your Honour to find each of the accused guilty as charged.”
