The Telegram (St. John's)

‘I had no idea what I was in for’

Complainan­t in rape case says system doesn’t make it easy for victims

- BY ROSIE MULLALEY

Her quaint little house at the end of a country road in a picturesqu­e Conception Bay town looks tranquil.

She greets you at the door with a smile and then a quick offer of a cup of tea.

But this is no serene getaway for her.

Joanne (not her real name) moved here to escape the possibilit­y of coming face-to-face again with the man who has made her life a living nightmare.

On Dec. 23, 2013, Joanne was raped by her common-law husband, a man she had lived with for five years.

She doesn’t want to relive the details, but the images of what happened that night in their St. John’s apartment will never be erased from her memory.

“When it hits me, it’s bad,” said Joanne, who suffers from post-traumatic stress disorder. “I can’t handle the stress of it.”

It took a few months for her to conjure up the courage to report the incident to police, but she believed it would set her mind at ease.

But it’s been nothing but frustratio­n for her, as she has had to deal with procedure and delays, she said.

From the callous interviews and slow response by police to the lengthy court process and lack of support, the justice system has not made it easy on her, she said.

“This has been a horrible experience,” she said. “It’s been an uphill battle every step of the way.

“I had no idea what I was in for.”

As if walking away from John wasn’t hard enough.

She didn’t move out until February 2014 and didn’t report the incident until seven months later.

“The process of reporting and evidence gathering can be difficult for victims, as we need to get as much informatio­n as possible in order to investigat­e the complaint to the fullest.” Const. Geoff Higdon, RNC media relations officer

“I was hoping it would go away and he would go away, but it didn’t and he didn’t,” she said. “And anyone in domestic violent situations knows you just can’t walk out. You have to prepare yourself.

But nothing could prepare her for the difficulti­es she faced after reporting the incident.

When she went to RNC headquarte­rs, she said, she was led into a room by a male officer, who interviewe­d her for a few hours.

“You’re in this cold room with just a table and a chair. It was awful,” said Joanne, who added she wasn’t allowed to have anyone else for support in the room at the time.

“I felt very intimidate­d and uncomforta­ble because it was a male cop. I didn’t find him very accommodat­ing. He was pretty cold, actually, and not very understand­ing.”

When it was finally over, the officer told her he would be in touch in a few weeks.

Weeks went by and there was no word, she said. She called back several times, but the officer was never available, so she left several messages, she said.

For months, it was difficult to reach the officer and when he did call back, it was only to report further delays, she said.

It wasn’t until February 2015 that officers told Joanne they would do a second interview. This time, it was three hours long.

The following month, she said, the officer said he would try to speak with John.

“Up to this point, he hasn’t even been arrested,” said Joanne, adding that John was still emailing her and harassing her. “He was still walking the streets and I’m still scared to death.”

She got no updates from police, she said.

“I didn’t know what was going on at this point,” she said. “Nobody would tell me anything … and this is six months later.”

Finally, on April 15, 2015, John was arrested, and charged with sexual assault and uttering threats. He wasn’t taken into custody. Instead, he was released for a court date in May.

It was shocking to Joanne that it took so long, especially since she had what she said was proof — an audio recording of the incident.

“To me, as soon as I showed them this video recording, they should’ve immediatel­y gone to his house and arrested him, but they didn’t,” said Joanne, adding that the man has a history of domestic violence.

“Instead, this dragged on and on for months and months.”

Then, it was the court process that frustrated her.

Each time John would appear in court, she said, his case would get postponed for one reason or another.

“That went on three or four times,” she said. “It was wasting everyone’s time.”

In the meantime, Joanne said, she had to inquire herself to find out what went on in the courtroom.

“No one tells you anything,” she said.

She said a representa­tive from victim services was in the courtroom with her as she testified in John’s preliminar­y inquiry, but for other court appearance­s, “it’s just routine for everybody.”

“To everyone who works in the system, stuff like this is considered minor,” she said. “But when you’re a victim, any little thing, any change or update you get is major.

“At least you know something. It all helps, instead of leaving you in limbo for months and not hearing from anybody, because that’s what happens.”

Joanne can’t believe the trial has been scheduled for far down the road — March 2017.

“That’s crazy that I’m forced to wait all this time. I’m stuck in the same place until then — I can’t go in the area or anywhere I think he or his family might be. I’m scared to death I’m going to run into them somewhere.

“That’s just too much anxiety. I can’t handle it,” said Joanne, who had to give up her Eastern Health job due to Lupus, which has been aggravated by the stress.

She said the whole experience with the justice system has made her angry. She said changes should be made to allow better support for those who have been through such a horrible experience.

“It makes you feel ashamed,” she said about what happened to her. “Family and friends are looking at you, saying, ‘You shouldn’t have been with him,’ and, ‘We told you so. Blah blah blah.’

“But until you’re in the relationsh­ips, nobody knows.”

She doesn’t want to deter victims from coming forward. She just wants to warn them what’s ahead of them.

“I can honestly say, first hand, that you’ve got to make sure it’s really worth it,” said Joanne, who is getting help from counsellin­g.

“Even my doctor told me I better make sure I’m up for it (emotionall­y) because it’s a long, hard battle.

“And it is. There are times you feel really alone, but when it’s all over, it will be worth it because it’s closure.

“It’s a tough road, but if I can do it, you can.

“It’s something I have to do because until all this is over, I can’t put all this past me.”

When contacted by The Telegram, RNC media relations officer Const. Geoff Higdon said cases of sexual assault are investigat­ed by the RNC’s child abuse and sexual assault (CASA) unit, which is comprised of both female and male investigat­ors who have specialize­d training in this area.

“It is not our practice to ensure the gender of victims and investigat­ors are the same,” Higdon said. “We would certainly try and accommodat­e an investigat­or of the same gender if requested and it is at all possible to do so.”

He said officers recognize there are feelings of humiliatio­n, fear, anger and confusion associated with being sexually assaulted and that they try to be respectful and do their best to make the process as clear as possible.

“The process of reporting and evidence gathering can be difficult for victims, as we need to get as much informatio­n as possible in order to investigat­e the complaint to the fullest,” Higdon said.

He said the RNC regularly works with community groups such as the Sexual Assault Crisis and Prevention Centre and Iris Kirby House to provide supports to victims and assist in the healing process. Victim services is another key part of the process, as representa­tives are able to explain the court process if charges are laid and liaise with community groups and resources. Furthermor­e, they help with victim impact statements and counsellin­g for court.

As for updating complainan­ts on their cases, Higdon said that in any investigat­ion, officers must provide updates to complainan­ts on the progress and status of ongoing investigat­ions.

“There is no predefined frequency, as it depends on the progress of the file,” he said. “Every investigat­ion is different and it is not unusual for some sexual assault investigat­ions to take weeks or months.”

There are checks and balances in place to ensure investigat­ions are kept on acceptable time lines, he said.

Higdon pointed out that processing forensic evidence, gathering witness statements, obtaining medical records, preparing judicial orders (such as warrants), examinatio­n of electronic devices (such as computers and smartphone­s), reviewing available video and the transcript­ion of interviews and other recordings can take time.

Often, officers are waiting for more informatio­n to proceed to the next step in an investigat­ion, he said.

“Our officers do their very best to ensure that a sexual assault victim feels comfortabl­e coming forward and seeking help. We encourage others who have been victimized to come forward as well,” he said.

“We feel through work with community partners the RNC has made strides in this area.

“There may be factors in some investigat­ions that make the process more challengin­g, but we always do our best to ensure that we conduct a complete investigat­ion.”

You’re in this cold room with just a table and a chair. It was awful … “I felt very intimidate­d and uncomforta­ble because it was a male cop. I didn’t find him very accommodat­ing. He was pretty cold, actually, and not very understand­ing.” Joanne (not her real name), rape victim

 ?? ROSIE MULLALEY/THE TELEGRAM ?? A local woman who says her former common-law husband raped her wants to see change in the justice system that makes reporting such crimes easier for victims.
ROSIE MULLALEY/THE TELEGRAM A local woman who says her former common-law husband raped her wants to see change in the justice system that makes reporting such crimes easier for victims.

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