In February 2017 a Globe and Mail report entitled “Unfounded – Why Police Dismiss 1 in 5 Sexual Assault Claims as Baseless” found that on average 20% of sexual assaults reported to police was deemed to be “unfounded.”
Data from more than 870 police services was examined for the years 2010 to 2014 and found that the Ontario average unfounded rate of sexual assault complaints was 25% while The City of Kawartha Lakes Police Service’s unfounded sexual assault rate was 26% with 61 of 232 allegations, concluded as unfounded according to Police.
In response, Police Chief Hagarty ordered a systemic review of the police service’s investigation of sexual assault complaints that had been deemed unfounded.
The results of the review were presented to the Police Services Board on Monday. The review committee found that there were three significant factors that had an impact on the City of Kawartha Lakes Police Service’s unfounded clearance rate.
The first factor according to the review is the allegations stemming from the Central East Correctional Centre (CECC). Officials don’t believe the report by the globe and mail took these types of special circumstances into account.
The second factor they say is the inclusion of sexual assaults that stem from cases of suspected child abuse. The review committee doesn’t believe the report looked at this issue either.
Lastly they say there is no clearance code for situations where an officer has not determined if they believe the complainant but believes there is a lack of evidence to support a criminal charge.
The report states. “The review committee believes that when the CECC and child abuse case statistics are removed, along with factoring in the possibility of re-designating certain investigations from Unfounded to Cleared Otherwise – Insufficient Evidence to Proceed, the City of Kawartha Lakes Police Service’s unfounded clearance rate for the years examined to be more accurately calculated at approximately 11%, not the 26% as focused upon in the Globe and Mail report.”
They say they believe the statistics in the report are misleading but it did provide an excellent opportunity to work closely with community partners such as the Kawartha Sexual Assault Centre and Women’s Resources to investigate the issues and make recommendations.
Chief John Hagarty credits Sonya Vallenga of the Kawartha Sexual Assault Centre for emailing him and offering assistance in the reviews and Women’s Resources for providing Bella Alderton for work with Inspector Hebert. “I thought engaging with our partners would give us better opportunity for a thorough review and I think the benefits are obvious now in the the report and in our strengthened relationships.” Chief Hagarty told Kawartha411.
Twelve recommendations were made as a result of the review.
The committee recommends:
- The City of Kawartha Lakes Police Service endorses the committee’s lobbying ofStatsCan to add a subheading within the Cleared Otherwise clearance code to include an“Insufficient Evidence to Proceed” clearance option.
- The City of Kawartha Lakes Police Service provide sexual assault investigators withenhanced victim trauma training for example:http://www.peterboroughpolice.com/2017/02/enhancing-police-response-sexual-violence-province-funding-police-pilot-project-peterborough-riding/
- The City of Kawartha Lakes Police Service ensure that sexual assault investigators have completed the Ontario Police College training course within the past five years in order to have investigators trained on the most enhanced “victim based” investigative best practices.
- The City of Kawartha Lakes Police Service ensures that only a trained sexual assault investigator, currently working in a criminal investigative unit, have the authority to caution (or charge) a complainant of a sexual assault with public mischief in cases of suspected false reports.
- In the event of a complainant recanting their sexual assault allegation, the City of Kawartha Lakes Police Service makes efforts to determine if there was any influence by other people pressuring the complaint to recant.
- The City of Kawartha Lakes Police Service establish a committee with Women’s Resources and the Kawartha Sexual Assault Centre to explore the feasibility of a “restorative justice” program for certain sexual assault complaints.
- In all cases, complainants of sexual assault be referred by the City of Kawartha Lakes Police Service to an appropriate social support service.
- On an annual basis, the City of Kawartha Lakes Police Service partners with Women’s Resources and the Kawartha Sexual Assault Centre to review all unfounded sexual assault investigations from the preceding year.
- In cases of caregivers / parents reporting sexual activity of their teenaged children, which results in an unfounded sexual assault allegation, the City of Kawartha Lakes Police Service, within a 30-day period, has the community services officer contact the family from a public education perspective. The committee believes that the teenaged child and the family could benefit from some counseling to prevent assaults, educate parents, and to encourage healthy relationships and open dialogue.
- That the City of Kawartha Lakes Police Service adds to the annual report, statistics outlining cyber related sexual offences. This would assist parents and caregivers in the understanding of the threat and help families appreciate the need to put safeguards in place for their children’s internet usage.
- That the City of Kawartha Lakes Police Service permits representatives from both Women’s Resources and the Kawartha Sexual Assault Centre to attend the police service and present to the officers the mandate and services available from their respective organizations.
- That the City of Kawartha Lakes Police Service makes the following policy changes:
a) Add wording to reflect that all sexual assaults, regardless of the criminal code definition of Levels One through to Three, are to be investigated with the same level of thoroughness.
- b) Add wording to reflect that all sexual assaults, regardless of whether the complainant is a third-party complainant or not, are to be investigated with the same level of thoroughness.
- c) Add wording to require a Victim Impact Statement to be taken at least 30 days after the offence.
Police invested in a “soft interview room” to provide victims of crimes such as sexual assault a more welcoming environment that the traditional interview room.
The review committee found that was a good investment but recommended a few cosmetic changes to improve the room and an agreement has been reached to make that happen.
Victim Services is provided office space in the police station and full access to the police facility in order to foster a stronger relationship with Victim Services.
