The B.C. Court of Appeal ruled this week that Steven Galloway can sue his accuser and others who allegedly repeated sexual-assault allegations against him, upholding an earlier lower court decision (with some changes).
For Mr. Galloway – a once-celebrated novelist who lost his job heading the University of British Columbia’s creative writing department because of the accusations – it is a relief.
“These defendants … have affected my life and the life of my family in every conceivable way for the past 8 years,” he wrote in a statement to The Globe and Mail. “All I have asked for is the chance to prove in a court of law that the allegations made against me … are false.”
Mr. Galloway will finally be able to get his day in court – and that is a victory for him.
But there are wider implications.
Mr. Galloway was accused in 2015 of sexual assault, sexual harassment and physical assault by a graduating MFA student in the department. He denies the allegation and has said he and the woman had an affair. She says it was assault.
An independent investigator brought in by UBC found, on a balance of probabilities, it could not be established that Mr. Galloway had committed sexual assault or assault, but she did find that what happened constituted sexual harassment. He was fired by UBC for irreparable breach of trust.
Mr. Galloway was never investigated or charged by police. But in the court of public opinion, that didn’t matter. Mr. Galloway was vilified, especially on Twitter, now X. People who chimed in on social media are among those he is suing.
This was all fuelled by UBC’s mishandling of the case. Days after the allegations were made, a note went out to the department announcing Mr. Galloway had been suspended because of “serious allegations,” and encouraging people to seek counselling if needed.
This prompted a firestorm of speculation – not just in the program, but more widely. Then, a cone of UBC-ordered silence descended, which also fed the rumour mill.
Meanwhile, according to court filings, university officials dispatched a former student of the program to find out if others had allegations against Mr. Galloway. She is among those being sued.
This was sloppy, irresponsible behaviour by UBC.
It was also happening in a heated moment, with an approaching trial for former CBC host Jian Ghomeshi.
Mr. Galloway didn’t stand a chance in this environment. His career and reputation were destroyed.
While UBC was ordered to pay $227,000 to Mr. Galloway for violating his privacy, that’s hardly a replacement for the salary he once depended upon. Or his publishing earnings.
The defendants are being sued only for what happened outside UBC’s official reporting process. Mr. Galloway is careful to point that out in his statement, adding: “I sincerely hope no one who has experienced sexual assault views this case as a barrier to reporting.”
But of course people will. This ruling – this whole ugly, polarizing case, in fact – will serve as a disincentive to people who have been sexually assaulted and are wondering whether to report.
Do they want to risk being sued for any spillover from the official complaint? Or have every detail of their lives dragged through the muck?
The woman who made the allegations, known as A.B., has been severely affected, and has said she has considered suicide. (As has Mr. Galloway.) Although her identity is protected by a court order, there was a large circle of people in the small world of CanLit who knew who she was, even before some media named her.
For people who have been falsely accused – and in today’s climate, an accusation can be as powerful as a verdict – this decision offers some hope.
This has dragged on since November, 2015, and I have reported on it since that UBC memo went out. Over the years I have heard from people, confidentially, about false accusations that had ruined their lives. Without speaking to their alleged victims, I can’t know both sides. But it can happen.
I also heard similar stories from people after writing about the case of retired school principal Richard Bilkszto, who was accused of being a racist and died by suicide. Again, without the benefit of hearing from the other sides, it is clear that even an allegation of racist behaviour is enough to destroy a career these days – or even a life.
Perhaps this ruling will make people think twice before maliciously making false allegations. That would be good. But it seems inevitable that it will also stop victims from reporting sexual assault. This, at a time when, to the south of us, women’s rights are being severely compromised.
Whatever you think of this particular case and Mr. Galloway’s pursuit of justice, a disincentive to report is very, very bad.
Editor’s note: This article has been updated to clarify the findings of the independent investigator brought in by UBC.