Obiter Dicta Issue 5 - October 26, 2015 | Page 3

NEWS Tuesday, October 27, 2015 3 Ghomeshi Gate: Let the Complainant-Whacking Commence Correction: This article was intended for publication in Volume 89, Issue 4. esther mendelsohn › staff writer O n 2 O c tobe r 201 5, Jian Ghomeshi, flanked by his lawyers and surrounded by police, entered Old City Hall where he plead not guilty to four counts of sexual assault and one count of choking. The plea should come as no surprise; Ghomeshi published a Facebook post shortly after the first allegations surfaced. The gist of the post was a selfserving attack on the credibility of the women who had come forward accusing him of sexual assault. BDSM. Rough consensual sex, he said, not sexual assault. In criminal trials, the odds are generally stacked against the accused. Facing the full force of the state, often unrepresented or underrepresented, often poor, and often marginalized, the accused is fighting for her or his liberty. Meanwhile, the Crown has access to all the evidence and can marshal the full resources of the state to prosecute the accused. In sexual assault cases, however, the accused is probably not the most vulnerable person in th P