Sexual assault cases incorrectly closed, review finds

In random sample of 63 cases, experts found Hamilton police deemed 70 per cent of cases ‘unfounded’ before interviewing witnesses or requesting forensic tests

ACOMMUNITY REVIEW of Hamilton sexual assault cases has found 70 per cent of those cleared as “unfounded” between 2010 and 2016 were closed incorrectly.

Cases were dismissed without all witnesses being interviewed, or without forensic testing being requested, because a disproportionate weight was given to the accused’s version of events, or a reliance on rape myths, the report reveals.

Unfounded is a code used to close files in policing when investigators do not believe a crime occurred as reported. It’s a term that rose to national prominence after an investigative project by the Globe and Mail that showed the high rates that sexual assault cases are dismissed.

That reporting found Hamilton was closing 30 per cent of sexual assault cases as unfounded between 2010 and 2014, above the 19 per cent national average.

In response, Hamilton police announced the Sexual Assault Community Review Team in March 2017, drawing together community experts from the Sexual Assault Centre Hamilton Area (SACHA), the Sexual Assault Domestic Violence Care Centre at McMaster, the Native Women’s Centre and a regional Crown attorney. With police, they audited a random sampling of 63 cases, drawn from over 700.

SACHA director Lenore Lukasik Foss, who participated in the audit, said that the 70 per cent figure is surprising.

“Certainly I had expected to find situations where (cases were improperly closed) but I don’t think I had expectations it would be that high,” she said.

But she also commended Hamilton police for being completely open and

Unlike other “unfounded” reviews, the team was not dealing with redacted documents. They had full access to all reports and interviews.

transparent. Unlike other “unfounded” reviews, the team was not dealing with redacted documents. They had full access to all reports, interviews and reports.

It was ultimately the video interviews that proved the most telling, with the team members, who worked together to review each case, always agreeing, Lukasik-Foss said. They saw patterns including overworked officers, who at times despite good intentions missed cues, and others who relied on biases about how a real victim should behave. They also saw a pattern emerge with the victims — those dismissed were more likely to be young and vulnerable, including people who are street involved, have substance abuse issues or mental illness.

The community review came after a Hamilton police internal review of unfounded sexual assault cases from 2010 to 2014 came to a different conclusion — it says 75 per cent of cases were cleared correctly. Lukasik-Foss said this shows that reviews need to be community-based, not internal.

Part of the issue identified by police in the internal review was limitation of the codes available in the uniform crime reporting (UCR) survey. There have since been changes to UCR codes that includes narrowing when “unfounded” is appropriate — it is now only supposed to be used when a police investigation proves an offence did not happen.

“We set out from the beginning to do the review with the end goal of improving service delivery for victims of sexual assault,” said Insp. David Hennick, who commended the community partners for their hard work.

They created a “made-in-Hamilton model” that built upon the previous gold standard for community sexual assault reviews, known as the Philadelphia Model. The key in Hamilton was having every case reviewed collectively as a team.

Hamilton police really wanted to know how officers were coming to the wrong conclusion and didn’t wait for the review to be complete before implementing changes, Hennick said. This included sexual assault detectives undergoing training around neurobiology of trauma and sexual violence in 2015, followed by all front-line officers in the last year.

In September police launched a sixmonth pilot project created by victims services administrator Susan Double. The pilot includes Victim Services meeting with victims before they meet with a detective from the sexual assault unit. Victim Services representatives make them aware of resources, counselling, and offers to stay with them for their police interview.

The community team has made five recommendations that Hamilton police say they’re committed to implementing:

Make SACRT review process permanent with the team meeting four times a year to review unfounded cases, and a random sampling of other closed sexual assault cases. This will begin in January.

Hire additional detectives to the sexual assault unit. Police are recommending hiring two new detectives for the sexual assault unit. Hennick said there has been a near doubling of workload for sexual assault detectives in recent years with increased awareness around sexual assault. Two new detectives would bring the unit up to nine members, making each responsible for about 54 cases reported a year.

Provide ongoing and continuous training on the neurobiology of sexual violence and trauma, to avoid myths and unconscious bias about how a victim should behave. This includes not drawing conclusions about how upset a person appears and understanding the impact of trauma on memory — particularly on remembering things in a linear way.

Improve police oversight. This includes changes that only allow the unit’s detective sergeant to close a case and periodic random reviews of interviews.

Make special considerations for vulnerable people.

Based on the advice of front-line experts, Hamilton police will not be contacting victims in already closed cases. However, Hennick said police would review any case on request. Any victims who want a sexual assault case reviewed can contact the sexual assault unit detective sergeant at 905-546-4962.

The report is being presented by Hennick and a members of the Sexual Assault Community Review Team at the Hamilton Police Services Board on Thursday.