Annapolis Valley Register

Justice needs updated tools

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If tools in your toolbox are old and worn out — your gardening shears dulled, your box cutter blade rusted and brittle — you throw them out and get new ones, right?

Because if they fumble the job and leave jagged scars in their wake, they are worse than useless.

The same can be said for the tools used by police and justice officials when it comes to unearthing the truth.

Two recent cases in Atlantic Canada reveal how outdated perception­s about victims of sexual assault can lead to injustice for those involved.

In Nova Scotia, Hannah’s story began when she hitched a ride on Sept. 1, 2016, in the Annapolis Valley. She says the logging truck driver demanded sexual favours and she refused. She says she told him she wanted to get out and asked him to drop her off near a streetligh­t, which he did, but pushed her from the truck. Then 64 years old, she lay on the side of a highway with broken bones for five hours until passersby found her.

Investigat­ing officers couldn’t grasp why Hannah had not immediatel­y gotten out of the truck. She explained she hadn’t wanted to be dropped off in an unlit area.

No charges were laid against the trucker.

Feeling that she had been dealt with unfairly, her complaint to the RCMP triggered an internal review.

That review dismissed her complaints, so she appealed to the RCMP Civilian Review and Complaints Commission. Now, more than five years after she was left on the side of the highway, Hannah has finally received an acknowledg­ement that her case was not handled properly.

“The commission finds that (the investigat­ing officers) displayed a lack of sensitivit­y … as well as a lack of awareness that victims experience crimes and potential trauma in different ways.”

The report also noted that one of the investigat­ing officers was a rookie who hadn’t been trained in interviewi­ng sexual assault victims.

RCMP Commission­er Brenda Lucki recommende­d the officers involved complete the latest training in investigat­ing sexual assault cases and receive “guidance on the level of sensitivit­y required when interactin­g with potential victims of sexual assault.”

In Newfoundla­nd and Labrador, the Court of Appeal found a trial judge had relied on outmoded stereotype­s about sexual assault in acquitting a man of abusing his granddaugh­ter, who was between seven and 10 when the offences were said to have occurred.

Because the child said she is happy when she sees her grandfathe­r, which contradict­ed her testimony about the abuse, the man was found not guilty.

In the Court of Appeal decision, Justice Lois Hoegg noted the trial judge had relied on a stereotype that fails to recognize a sexual assault victim may act normally around their abuser because of embarrassm­ent, denial, or so as not to alert others.

The grandfathe­r will be retried.

Both cases demonstrat­e that when it comes to administer­ing justice, the tools must be kept sharp at all times.

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