My name is Annette Ejiofor and I am an activist, singer, writer, belieber, and orange juice lover. I am a 19 year old headed to my third year at the University Of Ottawa. I believe in speaking up rather than sitting quietly and letting your moment to voice your opinions pass you by. I write from the heart and so every word stems from the pounding thud within my chest. If you don’t mind fifty thousand tweets per second, follow me on twitter and say hello. @annettesings01
Thinking Of Siding With Bill Cosby?
By: Annette Ejiofor
By now you should have heard about the dozen to twenty women coming forth with sexual assault claims towards 77-year old actor Bill Cosby. One of the victims of sexual assault, Judy Huth, states that Cosby gave her alcohol and forced her to perform a sex act on him in a bedroom of the Playboy Mansion around the year 1974. Ms. Huth was 15-years old at the time (now 55-years old), making Cosby 25-years old at the time. With all of this happening, there lies the responses from social media. Jill Scott, Stacey Dash, and Raven-Symone have expressed their support for Bill Cosby via Twitter; stating that Cosby was a close friend and/or ally, and it was above him to commit such an act. Jill Scott expressed that she is awaiting further proof before going against Cosby. So, it really begs the question; who’s side should you be on when it comes to sexual assault claims?
Hint: the side of the individual(s) who risk their lives, their reputation, risk bringing back the horrible memories of the altercation, money, time, and sometimes even risking their careers, by coming forward about being sexually assaulted. Let me break down the process a sexual assault victim has to go through in Canada. Grab some coffee and blink twice. Let’s begin.
*insert this Youtube video (https://www.youtube.com/watch?v=-BcFdw25WHI)*
When a victim decides to press charges against an accused, it’s not really the victim doing so. The decision of whether or not to “press charges” lies with the Provincial Crown Prosecutor; making the victim a mere witness to the crime itself. If charges are pressed, you could be forced to take the stand and testify under oath or affirmation. An affirmation is a ‘solemn declaration’ allowed to those who object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath. It’s just as legally binding but not considered a religious oath. Moving on. Sometimes prosecutors are rather reluctant to force victims to testify against their will but if it is a matter of public interest, they have the power to force your testimony. Get it? Great. Now, let’s discuss some of the steps of a sexual assault criminal process in Canada.
Step 1: Defining Sexual Assault In The Criminal Code
Canada’s Criminal Code has no specific “rape” provision (or legal clause or condition), rather it defines assault and lays out the specific punishment for “sexual assault”. In defining “assault”, the Code includes physical contact and threats. The provision reads as follows:
265 (section number). (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Surprisingly, for some of you, a person could possibly be convicted of sexual assault without physically touching the victim if they make a threat of sexual assault like, “I’m going to rape you”. With law, every provision is guaranteed but it does also have limits.
Step 2: Establishing Consent
Consent, also known as the question of fact, is determined by looking at the totality of the circumstances. It is decided based on the testimony of the victim and usually the testimony of the accused, then it is judged as to who the more believable and/or credible witness. Consent with the addition of alcohol and drugs becomes a question of whether the victim was able to consent. The totality of evidence is also considered in this situation. Also, another issue lies with whether the accused, Bill Cosby, reasonably (key word) believed that the victim consented to the sexual act. The code defines what does not constitute or equal consent:
266 (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.
Step 3: Sentencing
If convicted, sentencing the accused depends on the severity of circumstances and the presence and details of the accused’s prior criminal history. The Crown Prosecutor decides whether to proceed summarily or by indictable. Summary conviction is a less serious route and will carry a lesser punishment than an indictable. The Code specifies the possible sentences for sexual assault as follows:
271. (1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
In circumstances of aggravated sexual assault,where its found that the accused “wounds, maims, disfigures or endangers the life of the complainant,” (see section 273), a stricter penalty is possible.
You can find the rest by clicking on this link here (http://www.sexassault.ca/criminalprocess.htm). *hyperlink it*
After reviewing the already lengthy, traumatizing, and invading process mentioned above, do you still believe any woman (or man) would ever come forward in a sexual assault claim if it were not in fact true? Do you really believe these women want so much attention they are willing to become embedded within the justice system? Come on. Even with the other arguments in favour of Cosby, I disagree. Here are the top three arguments;
(1) Bill Cosby was someone we all grew up with and it was hard to imagine he could do such a thing.
Jian Ghomeshi, Canadian writer, musician and former CBC radio broadcaster, and his recent and ongoing sexual assault case. The Toronto Star, on October 24th 2014, published an article speaking on this. The three women, victims of Ghomeshi, stated that he “…struck them with a closed fist or open hand; bit them; choked them until they almost passed out; covered their nose and mouth so that they had difficulty breathing; and that they were verbally abused during and after sex. A fourth woman, who worked at CBC, said Ghomeshi told her at work: “I want to hate f— you,” read the report.” This can all be read further here (http://globalnews.ca/news/1647091/timeline-sex-assault-allegations-arise-after-cbc-fires-jian-ghomeshi/). *hyperlink it* Although we may not have grown up with Ghomeshi, he was still a trusted man in Canadian news. He had the same amount of power as Bill Cosby in delivering messages to the public and continuously being in the public eye.
(2) Bill Cosby is a father figure for black individuals.
Okay, news alert, The Cosby Show exhibited white racism. See this article here (http://www.ejumpcut.org/archive/onlinessays/JC37folder/Cosby.html) *hyperlink it*
(3) Black women coming forward are betraying Mr. Cosby and betraying the black community.
Actress Beverly Johnson, who came forward about Cosby drugging her prior to assaulting her, was met with some harsh commentary about how she is “betraying” the black community by outing one of her own. Not only does that type of mentality foster rape culture, it’s absolutely false. Black people have been categorized and generalized our whole lives by non black people and for us to turn around and do it to ourselves only strengthens this categorization and generalization embedded in our culture. The act of one black man (or woman) does not define the character nor respectability of an entire race. Bill Cosby being proved guilty does not affect our black community; rather it keeps a rapist off the streets.
*insert this Youtube video (https://www.youtube.com/watch?v=jWKXit_3rpQ)*
Justin Trudeau, Canadian politician and the leader of the Liberal Party of Canada, suspended two MP’s from the Liberal Party caucus following allegations of sexual impropriety involving female MP’s. Mr. Trudeau suspended Massimo Pacetti and Scott Andrews from the party. Trudeau also suspended their candidacies for the next election pending an investigation. With Ghomeshi, as with Bill Cosby, as with any other claims of sexual assault, the process is never easy. It is extremely difficult for a victim of sexual assault to come forward and it’s time individuals who don’t know this, realize it. As a woman I have to always have my house keys in my hands before I get to my door. I have to walk quietly and swiftly to my car at night and even during the day. Women are taught from a young age by the media and by society that they are objects. Not only objects, but objects equipped for the use and admiration of men. As Jean Kilbourne (author, speaker, and filmmaker who is internationally recognized for her work on the image of women in advertising and her critical studies of alcohol and tobacco advertising) speaks of how women are unwillingly forced to know from a young age to try and achieve a look of absolute flawlessness. Men appear bolder with grey hair whereas women are told of fifty different ways to hide it. With a culture as objectifying and dehumanizing as we are towards women, men, like Cosby and Ghomeshi, are receptive of this, and treat women as such. I do not want a future where my daughter could work incredibly hard but lose a job position simply due to her gender. I don’t want women in power positions to be a joke on Fox News. Then again, I don’t want Fox News in the future period. But, to solve issues with sexual assault, we must begin to break down this rape culture that is embedded within our society. Bill Cosby to me is guilty. My proof? The many women coming forward to say so.
*insert this Youtube video (https://www.youtube.com/watch?v=-HI4DC18wCg)*
LINKS/SOURCES USED
(1) http://ottawacitizen.com/news/politics/two-liberal-mps-investigated-for-personal-misconduct
(3) http://www.sexassault.ca/criminalprocess.htm
(4) http://www.bbc.com/news/entertainment-arts-30476332
(5) http://www.vibe.com/article/jill-scott-defends-bill-cosby-twitter