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Jacob Hoggard trial exposes misconceptions about consent, say experts

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TORONTO — The sexual assault trial of Canadian musician Jacob Hoggard turned on one central issue: consent.

The Hedley frontman was found guilty of one count of sexual assault causing bodily harm against one of two complainants on Sunday, but acquitted of the same charge plus a count of sexual interference related to a teenage fan.

At the crux of the proceedings was a clash about consent, as is often the case in sexual assault trials, say observers.

The Crown alleged Hoggard violently and repeatedly raped a teenage fan and a young Ottawa woman in separate incidents in the fall of 2016, while the defence argued the sexual encounters were consensual.

High-profile cases like Hoggard’s have the power to shape our understanding of consent, lawyers and advocates say, exposing harmful misconceptions that pervade the courts and society at large.

“It’s great to be trying to shine a light on some of these stories and also worrisome,” Toronto criminal and constitutional lawyer Megan Stephens said in an interview ahead of the verdict.

“These kinds of cases are the ones that make people wonder whether they should come forward and report what has happened to them.”

Canada has some of the most progressive laws on the books about consent in sexual assault cases, said Stephens. The trouble lies in how the letter of the law is applied, she said.

The Criminal Code requires that consent be affirmatively communicated through a person’s words or conduct, meaning through signals that indicate “yes,” rather than the absence of a “no.” Consent can be withdrawn at any point in a sexual encounter.

Ontario Superior Court Justice Gillian Roberts told the jury deciding  Hoggard’s fate that consent in the context of a sexual assault case is about whether the complainant “in her mind wanted the sexual touching to take place,” citing a provincial appeal court ruling.

Stephens, a former Crown lawyer, said this “subjective standard” means many sexual assault cases come down to jurors’ assessments of the credibility of the complainant and accused based on the evidence they present.

Jurors typically do their best to stick to the law, she said, but identity can influence their determinations and what and whose evidence is to be believed.

Many observers have noted the perceived gender imbalance on Hoggard’s jury, which appeared to consist of 10 men and two women.

“We’ve learned a lot over the last few years about implicit biases and how those can affect our understandings and experiences. And I think the jury system is not immune from that,” said Stephens, who advocates for women’s rights in the justice system.

“It is hard for people to sometimes understand the experiences of others when they’ve never been in that place, whether it is a male juror making sense of a female complainant or a white juror making sense of the experiences of a Black woman.”

Canadian courts have been grappling with the “myths and stereotypes” that plague the legal process, but even judges are prone to fall prey to them, said Pam Hrick, executive director and general counsel at Women’s Legal Education and Action Fund.

Canada’s highest court has issued a number of rulings in recent years finding that lower courts erred in their application of sexual assault law, said Hrick, serving as a course correction in a system that has subjected complainants to unfair scrutiny.

This shows how the social reckoning of the #MeToo movement has reverberated through the courts, but there’s still work to close the gap between Canadian law and our evolving understanding of consent, said Hrick.

“There is a lag, I think, sometimes between public understanding the application or development of the law,” she said. “We need to be vigilant in continuing to push for change and be continuing to try to safeguard some of the gains that we have made.”

Farrah Khan, manager of Consent Comes First at Toronto Metropolitan University’s Office of Sexual Violence Support and Education, said the Hoggard trial illustrates how misconceptions about sex and consent persist both in and out of the courtroom.

Defence lawyers alleged the complainants lied about being raped to cover up their embarrassment after being rejected by a “rock star.”

The defence narrative fed into familiar tropes, such as the “jilted lover” embittered about unreturned affections and groupies who fall under a famous musician’s sexual thrall, said Khan.

There were power dynamics at play in the case, such as differences in age and social status, that Canada’s consent laws don’t account for, but can nonetheless influence how sexual violence survivors process their own experiences, she added.

“It’s important for survivors to understand it, because sometimes you can gaslight yourself in these situations,” she said. “Just because you wanted to see someone, just because you wanted to kiss someone doesn’t mean you want to be sexually assaulted.”

The Canadian Women’s Foundation conducted an online survey of more than 1,500 Canadians in 2018 that found only 28 per cent of respondents fully understood what it means to give consent, a drop from 33 per cent in 2015 before the #MeToo movement emerged.

With so many young people who grew up listening to Hedley keeping track of the Hoggard case, Khan said she’s concerned the next generation will suffer similar confusion unless we start prioritizing consent and pleasure in sex education.

“The challenge is that we treat consent like a checkbox,” she said. “Consent is about a conversation… And it’s ongoing, it’s reversible.”

This report by The Canadian Press was first published Month Date, 20XX.

 

Adina Bresge, The Canadian Press

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Tua Tagovailoa sustains concussion after hitting head on turf in Dolphins’ loss to Bills

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MIAMI GARDENS, Fla. (AP) — Miami Dolphins quarterback Tua Tagovailoa sustained a concussion for the third time in his NFL career, leaving his team’s game Thursday night against Buffalo after running into defensive back Damar Hamlin and hitting the back of his head against the turf.

Tagovailoa remained down for about two minutes before getting to his feet and walking to the sideline after the play in the third quarter. He made his way to the tunnel not long afterward, looking into the stands before smiling and departing toward the locker room.

The Dolphins needed almost no time before announcing it was a concussion. The team said he had two during the 2022 season, and Tagovailoa was diagnosed with another concussion when he was a college player at Alabama.

Dolphins coach Mike McDaniel said Tagovailoa would get “proper procedural evaluation” and “appropriate care” on Friday.

“The furthest thing from my mind is, ‘What is the timeline?’ We just need to evaluate and just worry about my teammate, like the rest of the guys are,” McDaniel said. “We’ll get more information tomorrow and take it day by day from here.”

Some players saw Tagovailoa in the locker room after the game and said they were encouraged. Tagovailoa spoke with some players and then went home after the game, McDaniel said.

“I have a lot of love for Tua, built a great relationship with him,” said quarterback Skylar Thompson, who replaced Tagovailoa after the injury. “You care about the person more than the player and everybody in the organization would say the same thing. Just really praying for Tua and hopefully everything will come out all right.”

Tagovailoa signed a four-year, $212 million extension before this season — a deal that makes him one of the highest-paid players in the NFL — and was the NFL’s leading passer in Week 1 this season. Tagovailoa left with the Dolphins trailing 31-10, and that was the final score.

“If you know Tua outside of football, you can’t help but feel for him,” Bills quarterback Josh Allen said on Amazon following the game. “He’s a great football player but he’s an even greater human being. He’s one of the best humans on the planet. I’ve got a lot of love for him and I’m just praying for him and his family, hoping everything’s OK. But it’s tough, man. This game of football that we play, it’s got its highs and it’s got its lows — and this is one of the lows.”

Tagovailoa’s college years and first three NFL seasons were marred by injury, though he positioned himself for a big pay bump with an injury-free and productive 2023 as he led the Dolphins into the playoffs. He threw for 29 touchdowns and a league-best 4,624 yards last year.

When, or if, he can come back this season is anyone’s guess. Tagovailoa said in April 2023 that the concussions he had in the 2022 season left him contemplating his playing future. “I think I considered it for a time,” he said then, when asked if he considered stepping away from the game to protect himself.

McDaniel said it’s not his place to say if Tagovailoa should return to football. “He’ll be evaluated and we’ll have conversations and progress as appropriate,” McDaniel said.

Tagovailoa was hurt Thursday on a fourth-down keeper with about 4:30 left in the third. He went straight ahead into Hamlin and did not slide, leading with his right shoulder instead.

Hamlin was the player who suffered a cardiac arrest after making a tackle during a Monday night game in January 2023 at Cincinnati, causing the NFL to suspend a pivotal game that quickly lost significance in the aftermath of a scary scene that unfolded in front of a national television audience.

Tagovailoa wound up on his back, both his hands in the air and Bills players immediately pointed at him as if to suggest there was an injury. Dolphins center Aaron Brewer quickly did the same, waving to the sideline.

Tagovailoa appeared to be making a fist with his right hand as he lay on the ground. It was movement consistent with something that is referred to as the “fencing response,” which can be common after a traumatic brain injury.

Tagovailoa eventually got to his feet. McDaniel grabbed the side of his quarterback’s head and gave him a kiss on the cheek as Tagovailoa departed. Thompson came into the game to take Tagovailoa’s spot.

“I love Tua on and off the football field,” Bills edge Von Miller said. “I’m a huge fan of him. I can empathize and sympathize with him because I’ve been there. I wish him the best.”

Tagovailoa’s history with concussions — and how he has since worked to avoid them — is a huge part of the story of his career, and now comes to the forefront once again.

He had at least two concussions during the 2022 season. He was hurt in a Week 3 game against Buffalo and cleared concussion protocol, though he appeared disoriented on that play but returned to the game.

The NFL later changed its concussion protocol to mandate that if a player shows possible concussion symptoms — including a lack of balance or stability — he must sit out the rest of the game.

Less than a week later, in a Thursday night game at Cincinnati, Tagovailoa was concussed on a scary hit that briefly knocked him unconscious and led to him being taken off the field on a stretcher.

His second known concussion of that season came in a December game against Green Bay, and he didn’t play for the rest of the 2022 season. After that, Tagovailoa began studying ways where he may be able to fall more safely and protect himself against further injury — including studying jiu-jitsu.

“I’m not worried about anything that’s out of my hands,” McDaniel said. “I’m just worried about the human being.”

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Too much? Many Americans feel the need to limit their political news, AP-NORC/USAFacts poll finds

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NEW YORK (AP) — When her husband turns on the television to hear news about the upcoming presidential election, that’s often a signal for Lori Johnson Malveaux to leave the room.

It can get to be too much. Often, she’ll go to a TV in another room to watch a movie on the Hallmark Channel or BET. She craves something comforting and entertaining. And in that, she has company.

While about half of Americans say they are following political news “extremely” or “very” closely, about 6 in 10 say they need to limit how much information they consume about the government and politics to avoid feeling overloaded or fatigued, according to a new survey from the Associated Press-NORC Center for Public Affairs Research and USAFacts.

Make no mistake: Malveaux plans to vote. She always does. “I just get to the point where I don’t want to hear the rhetoric,” she said.

The 54-year-old Democrat said she’s most bothered when she hears people on the news telling her that something she saw with her own eyes — like the Jan. 6, 2021, attack on the U.S. Capitol — didn’t really happen.

“I feel like I’m being gaslit. That’s the way to put it,” she said.

Sometimes it feels like ‘a bombardment’

Caleb Pack, 23, a Republican from Ardmore, Oklahoma, who works in IT, tries to keep informed through the news feeds on his phone, which is stocked with a variety of sources, including CNN, Fox News, The Wall Street Journal and The Associated Press.

Yet sometimes, Pack says, it seems like a bombardment.

“It’s good to know what’s going on, but both sides are pulling a little bit extreme,” he said. “It just feels like it’s a conversation piece everywhere, and it’s hard to escape it.”

Media fatigue isn’t a new phenomenon. A Pew Research Center survey conducted in late 2019 found roughly two in three Americans felt worn out by the amount of news there is, about the same as in a poll taken in early 2018. During the 2016 presidential campaign, about 6 in 10 people felt overloaded by campaign news.

But it can be particularly acute with news related to politics. The AP-NORC/USAFacts poll found that half of Americans feel a need to limit their consumption of information related to crime or overseas conflicts, while only about 4 in 10 are limiting news about the economy and jobs.

It’s easy to understand, with television outlets like CNN, Fox News Channel and MSNBC full of political talk and a wide array of political news online, sometimes complicated by disinformation.

“There’s a glut of information,” said Richard Coffin, director of research and advocacy for USAFacts, “and people are having a hard time figuring out what is true or not.”

Women are more likely to feel they need to limit media

In the AP-NORC poll, about 6 in 10 men said they follow news about elections and politics at least “very” closely, compared to about half of women. For all types of news, not just politics, women are more likely than men to report the need to limit their media consumption, the survey found.

White adults are also more likely than Black or Hispanic adults to say they need to limit media consumption on politics, the poll found.

Kaleb Aravzo, 19, a Democrat, gets a baseline of news by listening to National Public Radio in the morning at home in Logan, Utah. Too much politics, particularly when he’s on social media sites like TikTok and Instagram, can trigger anxiety and depression.

“If it pops up on my page when I’m on social media,” he said, “I’ll just scroll past it.”

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Sanders reported from Washington. David Bauder writes about media for the AP. Follow him at http://x.com/dbauder.

The AP poll of 1,019 adults was conducted July 29-August 8, 2024, using a sample drawn from NORC’s probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of sampling error for all respondents is plus or minus 4.0 percentage points.



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A linebacker at West Virginia State is fatally shot on the eve of a game against his old school

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CHARLESTON, W.Va. (AP) — A linebacker at Division II West Virginia State was fatally shot during what the university said Thursday is being investigated by police as a home invasion.

The body of Jyilek Zyiare Harrington, 21, of Charlotte, North Carolina, was found inside an apartment Wednesday night in Charleston, police Lt. Tony Hazelett said in a statement.

Hazelett said several gunshots were fired during a disturbance in a hallway and inside the apartment. The statement said Harrington had multiple gunshot wounds and was pronounced dead at the scene. Police said they had no information on a possible suspect.

West Virginia State said counselors were available to students and faculty on campus.

“Our thoughts and prayers are with Jyilek’s family as they mourn the loss of this incredible young man,” West Virginia State President Ericke S. Cage said in a letter to students and faculty.

Harrington, a senior, had eight total tackles, including a sack, in a 27-24 win at Barton College last week.

“Jyilek truly embodied what it means to be a student-athlete and was a leader not only on campus but in the community,” West Virginia State Vice President of Intercollegiate Athletics Nate Burton said. “Jyilek was a young man that, during Christmas, would create a GoFundMe to help less fortunate families.”

Burton said donations to a fund established by the athletic department in Harrington’s memory will be distributed to an organization in Charlotte to continue his charity work.

West Virginia State’s home opener against Carson-Newman, originally scheduled for Thursday night, has been rescheduled to Friday, and a private vigil involving both teams was set for Thursday night. Harrington previously attended Carson-Newman, where he made seven tackles in six games last season. He began his college career at Division II Erskine College.

“Carson-Newman joins West Virginia State in mourning the untimely passing of former student-athlete Jyilek Harrington,” Carson-Newman Vice President of Athletics Matt Pope said in a statement. “The Harrington family and the Yellow Jackets’ campus community is in our prayers. News like this is sad to hear anytime, but today it feels worse with two teams who knew him coming together to play.”

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