CBC Edition

A Mountie botched her assault investigat­ion when she was 14. The RCMP apologized 20 years later

- Catharine Tunney

Jennifer Johner's voice shakes when she reads the RCMP report from the night of Dec. 9, 2001 - the night she told police she'd been attacked by a man she knew.

Just a glance at those two pages of handwritte­n scrawl is enough to bring the fear and pain flooding back.

"It broke me apart," she said.

Just 14 years old at the time, she was lying in a Burn‐ aby. B.C. emergency ward with two shattered teeth courtesy, she said, of a man who "made sexual advances which I did not want" - when an RCMP officer arrived to question her.

He was impatient and dis‐ missive, she said.

"I was trying to explain what had happened and the officer was very aggressive," she said. "He would keep in‐ terrupting me to tell me that he couldn't understand me."

Johner said the medical gauze in her mouth made it hard to speak. The officer's notes show he believed she was intoxicate­d.

"The emergency room doctor report shows that I was alert and coherent and that I didn't have any alco‐ hol," she told CBC News in Edmonton, not far from where she's now living.

"I had gauze, swelling and the fractured teeth. And he didn't provide me, you know, maybe a piece of paper to write down anything or a wit‐ ness statement. He just dis‐ missed me."

Johner said the officer did‐ n't take photos or a written statement.

"He left a card and left me there at the hospital," she said.

Two decades of anger

In the police report, the of‐ ficer said he tried to follow up with Johner but she had moved apartments. Johner she said hadn't gone any‐ where.

With no access to victim services, and living on a low income, Johner said she was‐ n't able to access proper den‐ tal care.

"My teeth were glued to‐ gether, which was supposed to be temporary ... [They] were glued together for three years," she said.

"It absolutely affected my confidence in myself, [my] esteem."

WATCH | RCMP apolo‐ gize 20 years later:

She said she tried to carry on with her life but couldn't shake the feeling that she'd been robbed of justice.

"I was speaking to some‐ one and they told me that anger isn't a bad emotion, that it is your body's way of telling you that something's wrong or an injustice has happened," she said.

"And that's stuck with me. It got me thinking. I got curi‐ ous and I needed to know why the police didn't help me."

While many details about her case have been purged from the RCMP's database due to privacy law and the force's retention guidelines, she was able to obtain the of‐ ficer's notes through a free‐ dom of informatio­n request.

That's how she learned he thought she was intoxicate­d and had changed addresses.

"He made a lot of as‐ sumptions," she said.

"The worst part was that he ended his police report saying that if Jennifer would like to move forward, we can do so. And that's what I thought I tried to do when I was 14 years old. I got the doctor to call the RCMP so that I could explain what happened."

Johner launched a formal complaint against the investi‐ gating officer in 2022.

Last year, more than 20 years after the fact, the RCMP detachment in Burna‐ by, B.C. sent Johner a letter admitting the officer had failed to conduct a thorough investigat­ion and supporting her claim that he'd neglected his duty.

"It is very unfortunat­e that you had this negative experi‐ ence with an RCMP officer at a young age. In particular, I am concerned that [the con‐ stable] was not more sensi‐ tive and diligent in his investi‐ gation involving a young vic‐ tim," says the letter, signed by Chief Superinten­dent Gra‐ ham De La Gorgendier­e and shared with CBC News.

"On behalf of the RCMP, I wish to convey to you my re‐ gret over this oversight. Please accept my apology for any distress you may have experience­d from this inci‐ dent."

Too late to pursue charges, RCMP says

The letter goes on to say that, given the time that has elapsed, the force would not pursue charges against the alleged perpetrato­r.

"It is important to note that had [the constable] ex‐ plored these steps at the on‐ set, an offence location would likely have been iden‐ tified and perishable physical evidence may have been pre‐ served," it says.

Chief Superinten­dent De La Gorgendier­e told Johner that since the officer in ques‐ tion is now retired, he could‐ n't be compelled to take part in the investigat­ion of her complaint. He wrote that while "reasonable attempts have been made" to per‐ suade him to engage with the complaint, "he has chosen not to respond."

With that letter in hand, Johner said, she was finally deemed a victim of crime and was able to access coun‐ selling.

"That felt very validating," she said. "It also brought a lot of anger.

"Because I was a 14 year old girl. I didn't know how to process what had happened, and at that age I needed someone who was trained to walk me through those emo‐ tions and those feelings that I didn't know how to process. Having the person that you think will help you dismiss me was something that I car‐ ried to this day.

"Have I been healed by anything that the RCMP has done or said? No. But advo‐ cating for myself and getting recognitio­n that what hap‐ pened to me was wrong and that it was a crime, and that I am a victim, was vital."

RCMP reviewing past sexual assault cases

The RCMP launched a project to review previous sexual as‐ sault investigat­ions after an explosive 2017 report by the Globe and Mail exposed flaws in the way police across Canada handle sexual assault claims.

The newspaper's investi‐ gation found investigat­ors dismiss about one in five sex‐

ual assault cases as un‐ founded - a far higher rate than for other types of crime.

The RCMP says it has re‐ viewed more than 30,000 of its previous sexual assault in‐ vestigatio­ns and has found "consistent deficienci­es" in how they were handled - in‐ cluding some instances of in‐ vestigator­s failing to inter‐ view victims and suspects.

A spokespers­on for the RCMP said its National Office of Sexual Offence Investiga‐ tive Standards recently re‐ viewed cases involving vic‐ tims between the ages of 12 and 17, but the data isn't yet available.

RCMP Sgt. Kim Chamber‐ land said that in the wake of the Globe's report, the force also set up Sexual Assault In‐ vestigatio­ns Review commit‐ tees in each RCMP division to "ensure that best investiga‐ tive practices in cases of sex‐ ual assault are followed by investigat­ors before conclud‐ ing the file."

But the RCMP still comes in for criticism over how it handles allegation­s of sexual assault and domestic vio‐ lence.

Last year, the inquiry in‐ vestigatin­g the April 2020 mass shooting in Nova Scotia recommende­d increasing su‐ pervision for front-line police officers. The inquiry cited shortcomin­gs in how Moun‐ ties handled the cases of Lisa Banfield, the common-law spouse of the gunman in the mass shooting, and the mur‐ der of Susan Butlin of Bay‐ head, N.S.

The gunman was abusive toward Banfield for years and was reported to police for domestic assault, issuing threats and possessing illegal firearms. No police investiga‐ tion or charges followed those reports.

Butlin reported to police that a neighbour had sexual‐ ly assaulted her and was ha‐ rassing her. Several officers who looked into her com‐ plaints reported no indica‐ tions of criminal offences. Butlin was shot and killed by that neighbour in September 2017.

"The examples reviewed … suggest that some - per‐ haps many - front-line police are not sufficient­ly familiar with the existing criminal law and with patterns of genderbase­d violence," says the fi‐ nal report of the Mass Casu‐ alty Commission, which in‐ vestigated the 2020 mas‐ sacre.

RCMP needs to be more transparen­t, advocate says

The RCMP's watchdog, the Civilian Review and Com‐ plaints Commission (CRCC), has frequently taken the Mounties to task for bungling sexual assault investigat­ions.

In one redacted case, the CRCC wrote that an "RCMP member's approach and questionin­g of the woman was based on inappropri­ate myths and stereotype­s about the conduct of sexual assault victims."

Sunny Marriner is the Canadian lead on the Vio‐ lence Against Women (VAW) Advocate Case Review, an oversight project that works with police to review sexual assault investigat­ions that don't lead to charges. She has been demanding more transparen­cy from police ser‐ vices like the RCMP about sexual assault investigat­ions.

"Most sexual assault in‐ vestigatio­ns for people who are over the age of 12 still come down to a fundamenta­l assessment of credibilit­y of that survivor," she said.

"With the cases that have been looked at, how many of those have resulted in addi‐ tional investigat­ive steps being taken? How many of those have resulted poten‐ tially even in a perpetrato­r being charged? Until we can kind of see the outcomes, it's very difficult to say."

Marriner said she fears that while many sexual as‐ sault cases are no longer la‐ belled "unfounded," many cases still don't proceed to charges.

"The number one goal that survivors share with us about reporting, the reason that they do it, is for the pro‐ tection of others," she said.

"So is that goal being achieved through the crimi‐ nal justice system? That's what I pay attention to."

Officers' decisions 'have lasting results': Johner

Marriner said anyone who takes on the RCMP like Johner did should have a per‐ sonal support system and keep in mind what they can and can't control.

"What we can't control is whether or not police believe survivors, or whether or not the criminal justice system believes survivors, or ... whether the public is going to believe survivors. Nobody can make that happen," she said.

"If their end goal is so that they know that they fought, or that they did everything that they could do, or that they weren't going to feel OK if they hadn't ... stood up for themselves, then you can ac‐ complish that. You can ab‐ solutely accomplish that goal by going back and attempt‐ ing to move the case for‐ ward."

While Johner said the apology was far too little and very late, she doesn't regret fighting for it.

"I would do it again. I think that victims that have dealt with negligence, dealt with bias, need to be heard," she said.

"It was a hard process. It was a long process. But I hope sharing my story lets other people know that they're not alone in that."

She said she also hopes the RCMP is listening.

"I want them to learn that the choices that they make in the field have lasting results and that something that an officer may just dismiss will live with that victim for the rest of their lives," she said.

"This officer is now retired and he gets to go on and en‐ joy his life and his retirement. And I have to deal with his actions."

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