Susan Clairmont: Sexual assault survivors band together on social media
Justice can mean many things.
It can be punishment. Perhaps in the form of a jail cell or lawsuit.
Or it can take the form of acknowledgement. Education. Change.
If those alternate forms of justice are the measurement, survivors of sexual violence and harassment allegedly perpetrated by chef Manny Ferreira may feel vindicated, even though police have closed their case without laying charges.
Ferreira owned Mezcal, a taco and tequila spot on James Street South. It is now closed. COVID no doubt played a role, but likely so did boycotts because of media reports and the withdrawal of a critical investor.
A dozen men and women who spoke to The Spectator for stories published last winter accused Ferreira of behaviour ranging from lewd comments to slapping butts to rape.
The Spectator investigation - and the criminal probe police launched immediately after its publication - shook this city.
It forced a reckoning within Hamilton's restaurant and bar industry about its sexualized and often toxic culture.
It empowered customers to spend their money at businesses they could respect.
It spurred investors and business partners to question aloud if they should have intervened.
And it created a strong, brave network of women - and a few men - who banded together on social media.
Through his lawyer, Ferreira has always denied the allegations. When contacted for this story, lawyer Peter Boushy said: I have spoken to Mr. Ferreira and I continue to advise him not to make any comment."
The Government of Canada reports that 83 per cent of sexual assaults are not reported to police. Of those that are, as few as 34 per cent result in charges. Of those, just 42 per cent end with a conviction.
Of the dozen men and women originally interviewed by The Spectator about Ferreira, none had reported to police. Most felt they wouldn't be believed. Or they would be blamed. Or it would be pointless.
The Spectator asked Hamilton police two weeks ago for an update on its Ferreira investigation, which began in February. That's how it was revealed the investigation was closed.
Police would say little about the decision. Only that multiple victims came forward" and were interviewed by police.
It is not known why the case was closed or why charges were not laid. Or how many complainants came forward or the nature or dates of any allegations. Or if Ferreira was interviewed by detectives or if the complainants were told the case is closed.
One woman from the original Spectator story now says: Not the outcome we hoped for obviously, but at least our stories are out there."
Speaking generally about why an investigation might be closed, Staff Sgt. Jennifer Currie of the Hamilton police sexual assault unit cites insufficient evidence, a reluctance on the part of a victim to proceed or finding the alleged behaviour does not meet the threshold of being a criminal offence.
But at any point in the future, it can be reopened," she says.
Increasingly, survivors of sexual assault are creating social media communities where they can tell their stories and be believed.
Since the dawn of the #MeToo era, women are finding connection, support and accountability" online, says Miranda Jurilj, public education co-ordinator at the Sexual Assault Centre of Hamilton and Area (SACHA).
The phenomenon is bolstered by a more digital demographic and, during COVID, increased barriers to accessing more traditional supports and resources.
Once a survivor speaks out on social media, it can build momentum.
Seeing a woman come forward inspires others to do so as well," says Jurilj.
Maddie Brockbank, a McMaster University PhD student studying sexual violence, says people are wrong to conflate innocence with a dropped investigation."
Brockbank says survivors' migration to social media is a reflection of the fact there are failures in the system that's supposed to bring us justice."
There is public consciousness now that going to police doesn't guarantee you'll get justice, going to police doesn't guarantee your perpetrator will face consequences. It doesn't necessarily guarantee that you're going to be safe. So a lot of people have built these little digital communities because after experiencing sexual violence they might feel like this only happened to me. But then hearing other people's stories maybe validates their concerns, validates their experience in a way that going to police doesn't."
The allegations against Ferreira first surfaced on a Facebook group created by women who know him.
An Instagram account from Vancouver Island called the Survivor Stories Project was the first place to publicize allegations regarding Jesse Chiavaroli, Ferreira's former business partner who moved to Victoria. The postings led to Spectator stories and then an investigation by Hamilton police.
Chiavaroli now faces six counts of sexual assault in Hamilton.
More recently, Hamilton police were prompted to reach out to survivors after accusations concerning a teacher at Bishop Ryan Catholic Secondary School were posted on social media.
Hamilton police spokesperson Jackie Penman monitors the service's social media accounts for survivor postings.
Sometimes people tag us into things," she says, noting that is most common with hate crimes, situations involving mental health issues and sexual assaults.
Penman forwards those threads to detectives.
Once a concern is brought to the attention of the sexual assault unit, Currie says detectives reach out publicly to ask survivors and witnesses to come forward.
But they do not track down survivors.
We will never force somebody to come forward. We will never go seeking to find someone. We wait for them to come to us. We want to respect their privacy. This is such a personal assault.
When you come forward, you will be respected and you will be believed."
Being believed by police is one thing. Being believed by the public is another. There is community accountability" that comes with that, says Brockbank.
The Ferreira case made us think about the role we all have to play," she says.
Recently SACHA held an online workshop for male allies wanting to support women against sexual violence.
Participants included Tej Sandhu, owner of MERIT Brewing Company.
For years he has had SACHA do annual training for his staff on sexual violence in the workplace.
We are always working to make MERIT a place where women are safe, where women are empowered."
There must be education and self-facing accountability," he says, adding the accusations about Ferreira inspired a widespread conversation among local restaurants and bars.
It's the responsibility of everyone to tackle this together."
As a result of the Ferreira case, SACHA says it has had increased demand for sexual violence training from the restaurant and bar industry. The centre says it is creating a workshop specifically for that sector.
For help:
Hamilton Police Sexual Assault Unit: 905-540-5553 or online at hamiltonpolice.on.ca
SACHA (Sexual Assault Centre Hamilton and Area): 905-525-4162
McMaster University Sexual Violence Prevention and Response Office: svpro@mcmaster.ca
SAVIS (Sexual Assault and Violence Intervention Services of Halton): 905-875-1555
Sexual Assault/Domestic Violence Care Centre at Hamilton Health Sciences: 905-521-2100, ext. 73557
Susan Clairmont is a Hamilton-based crime, court and social justice columnist at The Spectator. Reach her via email: sclairmont@thespec.com