Jailed victim’s story disappoints, but doesn’t surprise

Advocates speak out on need for changes

People who work with sexual assault survivors say they have never heard of a victim being jailed to guarantee testimony until this week, when news broke about a 2015 case involving an Edmonton woman.

Alberta Justice Minister Kathleen Ganley has ordered an independent investigation into the woman’s treatment and assigned a special committee to review the case.

The 28-year-old indigenous woman, who cannot be named because of a publication ban, was homeless and dealing with mental health issues when she was held in the Edmonton Remand Centre for five nights in the belief she might not otherwise return to testify against her attacker. She was also shackled while in court, and on some occasions was taken to and from court in the same prison van as her attacker.

Her treatment prompted outrage in the legislature and among victim advocates.

“I have to say I was also not super surprised,” said Toni Sinclair, executive director of the Elizabeth Fry Society of Edmonton. “This particular incident is reflective of the need for deep systemic changes that have to occur on many levels.”

Sinclair said the community needs to hold the justice system accountable to keep victims safe and ensure that the most vulnerable citizens, such as the woman at the centre of this case, aren’t treated like criminals.

Mary Jane James, executive director of the Sexual Assault Centre of Edmonton, said courtroom officials needed to make a greater effort to understand the victim’s circumstances when she had trouble focusing and answering questions.

“We know that she was marginalized, obviously unprepared and maybe unable to trust any system,” James said.

The experience of the woman, who died in an unrelated shooting in 2015, could have a chilling effect on reporting sexual assaults, James said.

But Katie Kitschke, of Sherwood Park’s Saffron Centre, said she’s also seen victims compelled to speak up after hearing the stories of others. She said the case highlights the inequities that homeless or transient people experience in the justice system.

“We know that the indigenous population is overrepresented in sexual violence cases first and foremost,” she said. “The amount of clients we’re seeing with multiple mental health issues is alarming.”

Every person needs to be respected as someone with rights, Kitschke said.

“I’m so sorry that she’s not here to speak for herself on that.”

This particular incident is reflective of the need for deep systemic changes that have to occur on many levels.