Sexual assault myths abound in former World Junior Hockey players sexual assault case: Ontario Coalition of Rape Crisis Centres (OCRCC) responds

Sexual assault has the lowest rate of reporting to police amongst all violent crimes. Despite years of sexual violence advocacy, awareness-raising and the work of community services to support survivors, this rate hasn’t changed: police-reported sexual assaults only represent about 6% of all sexual assaults in Canada[1]. 

As sexual assault survivor advocates, we often hear the question: Why don’t sexual violence survivors report? What can we do to get more survivors to report?

The experience of a young woman − a complainant named as “E.M.” in court documents, in which five former World Junior Hockey players were charged with sexual assault[2] − is a case in point of the reasons why survivors hesitate to report. Over the last few weeks and five cross-examinations in court, E.M. has faced almost every harmful and victim-blaming sexual assault myth in existence.

These myths include:

The myth that a person’s behavior or manner of dress signals their agreement to sex

This myth assumes “sexual intent based on a victim/survivor’s behaviours (e.g., drinking alcohol; having several sexual partners) or appearance (e.g., wearing revealing clothing)”[3], or the way they interacted with the accused: a more traditional read on this myth is that victims ‘ask for it’ (i.e.  women provoke sexual violence by their manner of dress or behavior). 

E.M.’s cross-examination has been replete with offensive assumptions about her intentions and wishes. For example, one lawyer made crude inferences, such as “As long as it’s a tall guy, you’ll go home with him?”, and put forward that E.M. felt “shame and embarrassment for the choices [she] made”. In response, E.M. clarified her wishes: “I made the choice to dance with them [the accused] and drink at the bar and not make the choice to have them do what they did to me at the hotel”[4].

The myth that a person’s sexual intentions are up to the interpretation of others destabilizes everything we know about sexual consent law. In Canadian law, consent must be clearly given, and be present at the time the sexual activity in question takes place[5]—not before, not after, and certainly not assumed. None of us can make a guess at what someone wants sexually, simply because they appeared interested before; we also cannot assume consent for some acts, based on sex that has happened in the past. This myth functions to cast doubt on the victim’s experiences and claims. If we believe it’s okay for others to interpret or assume our wishes, then consent becomes nearly meaningless.

The myth that people lie about sexual violence

The myth that people lie about sexual violence in order to gain favor, to harm the accused, or for revenge persists, “albeit without empirical support”[6]. Rates of false reports of sexual assault are extremely low[7]. Even so, E.M.’s cross-examination has seen repeated tropes about lies and misleading words (i.e. “That was your truth, but not the truth, right?”; “How would anyone know that your truth wasn’t THE truth?”; and “You didn’t say…”)[8].

To be clear, false allegations of sexual assault are not a common social problem. What is a common social problem is that survivors of sexual assault are not believed or supported when they share their stories. Indeed, survivors know all about the struggle that awaits should they dare talk about what has happened to them, or to name names. Survivors cite concerns about perpetrators not being held responsible, feelings of shame and embarrassment, a perception that victims will not be believed, and dishonour as barriers to reporting sexual assault[9]. The reality is that the odds of sexual assault being reported to police are actually about 80% lower than for other violent crimes[10].

We have mentioned just a few sexual violence myths here. We could cite many more that have been present in the defense’s agendas, as well as others that have been used to attack, humiliate and discredit E.M, and many relying on sexist tropes. These tactics are, unfortunately, both familiar and effective. Labelling survivors who disclose sexual violence “as delusional, vengeful, exploitive, or an attention-seeker”^[11] has been the going strategy to diffuse allegations − and relieve those accused of sexual violence of accountability − since time immemorial.

Why don’t sexual violence survivors report? We think this is the wrong question. Instead, under these conditions, sometimes we ask ourselves: why would they?

The impacts of sexual violence myths

When a high-profile sexual assault case makes its way through the criminal justice system, everyone sees and hears the proceedings: the victim, the accused, others involved or witness to the case, the public—and in this, others sexual violence survivors in our communities. The court is a space in which the public expects to see objective truths revealed. In sexual assault cases, like E.M.’s, we often see old and harmful myths instead.

Sexual assault myths are no accident: they exist as part of a larger system in our social culture that aims to keep sexual violence secret, and supress survivors’ voices. Sexual assault myths provide a key yet brutal function: they dismiss, discredit, demean and delegitimize survivors for the purpose of protecting perpetrators − who are often powerful, influential or valued people in our communities − as well as the institutions that shield them. 

When they target survivors, myths tend to reflect the worst beliefs out there, leveraging offensive stereotypes about gender, race, ageism and more. For example, Black women are more likely face physical or sexual objectification than white women, and Indigenous women face degrading racial stereotypes that make them vulnerable to sexualization[12]. In a courtroom, these stereotypes will be reflected back in the form of sexual assault myths that claim to tell a story about the survivor[13]. In a courtroom and the criminal justice system – “processes that are framed within an ideology that emphasizes objectivity and universalism”[14] – these myths and stereotypes are erroneously presented as truth. 

In our communities, myths get in the way of justice and healing for sexual violence survivors. They blame the victim-survivor, contribute to the many barriers survivors face in getting support, and minimize the actions of the offender[15]. Many sexual violence survivors know the pain of facing sexual assault myths when they attempt to seek justice. Moreover, many know the pain of hearing myths repeated by those they love: one in five victims experience being made to feel responsible for their own victimization by others close to them[16]. 

Seeing these myths out front in a sexual violence case, or reiterated in the news, is harmful. For these reasons, it’s especially important that we speak out against sexual assault myths. It’s also important to know the facts about sexual violence: in Canada, charge and conviction rates for sexual assault remain discouragingly low[17]. More, some survivors face increased barriers in these systems: sexual violence impacting Indigenous and Black women, for example, must be understood “in the broader context of colonialism” and enslavement[18], in which sexual violence against women of color was not even considered a crime. For all survivors, the realities of sexual assault reporting ‒ and our criminal justice system’s effectiveness in holding offenders accountable ‒ continue to deter survivors from taking part in this difficult process.

The impacts of the criminal justice system on survivors

Testimony in a sexual assault case ‒ and a survivor’s willingness to provide it ‒ has the power to make a usually-hidden and serious incident visible. Yet like most sexual assault cases that see the inside of a courtroom[19], E.M’s testimony also carries an incredible burden. At once, the survivor’s experience becomes the centre of scrutiny. This scrutiny is evident in the aggressive cross-examination of E.M., the tactics of the defense, the near-constant deployment of sexual violence myths throughout these, and the fact that the accused are not required to testify at all. The victim is required to testify. The justice system sees survivor-victims as witnesses, and witnesses are led through their testimony by the Crown—a lawyer appointed by the state, and not the survivor’s own personal lawyer. 

For some sexual violence survivors, this scrutiny is even more ferocious. Black, Indigenous and survivors of color, 2SLGBTQQIA+[20] survivors, and other marginalized survivors such as those living with a disability or poverty, are less likely to be believed, more likely to be blamed for their own victimization[21], criminalized[22], and more likely to see crimes committed against them minimized[23]. 

When systems feel punitive or indifferent, victims lose faith in them. Victims also often come to believe they performed poorly as witnesses – or worse, that they were in some way responsible for what happened to them, either by ‘inviting it in’ or not ‘resisting enough’ – when really systemic weaknesses had a role to play. 

E.M.’s case has been the site of many system weaknesses and failures. Remember that when E.M.’s story became known, the handling of her case was met with public outrage. Hockey Canada – which is responsible for establishing rules and standards and promoting the sport – settled a lawsuit connected to her experience some time ago; Hockey Canada later revealed that the organization has paid over $8 million in settlements to different sexual assault complainants since 1989, using membership fees[24]. In terms of the criminal justice response, E.M.’s case was closed by London police when she first reported it, however it was re-opened in 2022 in response to the public’s call for action. Now, as the case finally proceeds through the criminal justice system, what stands out to us is an incident of sexual violence that was minimized or suppressed by more than one large, well-funded institution in Canada, and has now finally gone the distance—only to reveal yet more hardships for survivors.

It is our position that the system isn’t just broken. Instead it is, unfortunately, working as intended. OCRCC, others in the sexual assault support sector, and many decades of the anti-rape movement “have long documented the public silencing of women and children, especially as it has related to abuse and exploitation”; many “strategies and ideologies have operated to undermine or dismiss survivors”[25], and while much progress has been made, these strategies and ideologies, including victim-blaming myths, continue.

Given this, we commend E.M., for finding the courage to continue to speak about her experience. We commend all survivors of sexual violence who choose to tell their stories—whether it be in a court of law, or to their close friends, family and other support people.

Finally, we recognize and commend those who never share or report their experiences—in Canada, this is by far the vast majority of sexual violence survivors[26]. The decision to not talk about or report sexual violence is grounded in fear, and in reality. We wish we could say that E.M.’s experiences with systems were an isolated event; but for sexual violence survivors, we know that, unfortunately, it isn’t.

If you are a survivor of sexual violence

If something has happened to you, please know that there are people who believe and support you.

• You can talk to a friend, family member or other person you trust
• You can contact a sexual assault centre. All support is free and confidential
• If something has happened to you and you are considering reporting, we can help you think through your options. If you are not considering reporting, that’s okay too
• Learn more about sexual assault centres in Ontario here

If you are a friend, family member or mentor, there are things you can do too

• You can be an ally to sexual violence survivors
• You can listen to the person’s story without judgement
• You can listen to the person’s story without expectations that they formally report
• You can help them to find safe places to get support
• If you work with athletes, you can provide access to prevention education about sexual violence: contact your local sexual assault centre, and ask to speak to their Public Educator

If you are with a community-level sports team:

You can connect your team with the violence prevention program OHL Onside, a program for Ontario-based hockey league teams run through local sexual assault centres.

Sport organizations can set an example as leaders in preventing sexual violence, and your local sexual assault centre can help. Community-based sexual assault centres have been providing prevention education since the 1970s. Preventing sexual violence can take many forms. It can mean:

• Talking with athletes about sexual violence and about their rights
• Talking with athletes about being a good bystander and standing up for survivors of violence
• Talking with athletes about preventing sexual violence
• Pushing back against offensive sexualized, gendered, transphobic or racist jokes
• Making clear what is acceptable behaviour as a team member/athlete and what is not
• Withdrawing support for organizations or initiatives that are not safe for young people or athletes.

By connecting athletes with information about sexual violence, we equip them with a clear understanding of their rights and their role in prevention. We can help others to learn about where to go in the community should they ever need support too. 

As we have shared before, sport organizations like Hockey Canada must take a leadership role in ending sexual violence. This is a call to action—Hockey Canada and other sport bodies must act now. OCRCC and community-based sexual assault centres are ready to help.

Ontario Coalition of Rape Crisis Centres (OCRCC) stands in solidarity with all survivors of sexual violence. We have been believing and supporting survivors for over 40 years. We stand with E.M. 

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Ontario Coalition of Rape Crisis Centres (OCRCC) is a network of 30+ community-based sexual assault centres in Ontario. If you or someone you know has experienced sexual violence, go to https://sexualassaultsupport.ca/get-help/.

 

[1] Cotter, A., for Canadian Centre for Justice and Community Safety Statistics. Release date: August 25, 2021. Criminal victimization in Canada, 2019.

[2] Burke, A. for CBC News. Jan 24, 2024. 5 former World Junior Hockey players expected to face sex assault charges: report. Charges allegedly tied to 2018 group sexual assault in London, Ont., hotel room.

[3] The Learning Network on Violence Against Women. Overcoming Barriers and Enhancing Supportive Responses: The Research on Sexual Violence Against Women – A Resource Document. May 2012: 12.

[4] Dubinski. K. for CBC News. May 9, 2025. Woman says defence’s questions in world junior sex assault trial are an attempt to ‘discredit’ her

[5] Government of Canada. Criminal Code (R.S.C., 1985, c. C-46). Meaning of consent, 273.1 

[6] The Learning Network on Violence Against Women. Overcoming Barriers and Enhancing Supportive Responses: The Research on Sexual Violence Against Women – A Resource Document. May 2012: 16.

[7] Lonsway, Dr. Kimberly, Archambauly, Sgt. J., and Lisak, Dr. D. for The National Center for the Prosecution of Violence Against Women. N.d. False Reports: Moving Beyond the Issue to Successfully Investigate and Prosecute NonStranger Sexual Assault. In The Voice: Helping Prosecutors Give Victims a Voice, Volume 3, Number 1

[8] Dubinski. K. for CBC News. May 9, 2025. Woman says defence’s questions in world junior sex assault trial are an attempt to ‘discredit’ her

[9] Cotter, A., for Canadian Centre for Justice and Community Safety Statistics. Release date: August 25, 2021. Criminal victimization in Canada, 2019.

[10] Cotter, A., for Canadian Centre for Justice and Community Safety Statistics. Release date: August 25, 2021. Criminal victimization in Canada, 2019.

[11] The Learning Network. Overcoming Barriers and Enhancing Supportive Responses: The Research on Sexual Violence Against Women A Resource Document. May 2012: 17.

[12] Woman Abuse Council of Toronto (WomanACT). (2024). Race and Gender in the Workplace: A Backgrounder: 11, 8.

[13] Pietsch, N. (2010). “I’m Not That Kind of Girl”: White Femininity, the Other and the Legal/Social Sanctioning of Sexualized Violence Against Racialized Women”. Canadian Woman Studies Les Cahiers De La Femme, 28(1)

[14] Marchetti, E. (2008). “Intersectional Race and Gender Analyses: Why Legal Processes Just Don’t Get It”.  Social and Legal Studies, Volume 17(2), 155

[15] The Learning Network on Violence Against Women. Overcoming Barriers and Enhancing Supportive Responses: The Research on Sexual Violence Against Women – A Resource Document. May 2012: 14.

[16] Cotter, A., for Canadian Centre for Justice and Community Safety Statistics. Release date: August 25, 2021. Criminal victimization in Canada, 2019.

[17] See The Attrition Pyramid (Sexual Assault), page 2.

[18] Woman Abuse Council of Toronto (WomanACT). (2024). Race and Gender in the Workplace: A Backgrounder: 8, 10.

[19] Many don’t. Even when survivors do report, most sexual assault cases do not proceed through the criminal justice system. Just 36% of sexual assaults reported to police result in charges. Of those, only 61% make it to court. (Statistics Canada, 2024)

[20] This initial stands for “Two-Spirit, lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual.” It may also appear as LGBTQ2SIA, or in shortened versions such as LGBTQ2S or LGBT+. Learn More: The 519, Definitions/glossary or Egale Canada’s 2SLGBTQI Terms and Concepts

[21] Pietsch, N. (2010). “I’m Not That Kind of Girl”: White Femininity, the Other and the Legal/Social Sanctioning of Sexualized Violence Against Racialized Women”. Canadian Woman Studies Les Cahiers De La Femme, 28(1)

[22] Gharabaghi, K., Trocmé, N. and Newman, D. (2016). Because Young People Matter: Report of the Residential Services Review Panel.

[23] National Inquiry into Missing and Murdered Indigenous Women and Girls. 2019. Reclaiming Power and Place: The Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls: 628.

[24] Benchetrit, B. for CBC News. October 8, 2022. What is Hockey Canada and why does it matter?

[25] Hlavka, H. R. (2014). Normalizing Sexual Violence: Young Women Account for Harassment and Abuse. Gender and Society, 28(3): 340

[26] Using data from Statistics Canada, one researcher estimated the conviction rate for sexual assaults reported on victim surveys to be .3% to 1.6%. See The Attrition Pyramid (Sexual Assault), page 2. 

 

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