Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in Sexual Assault Investigations June 2017

Transcription

1 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in June 2017 Julie Moscato, on behalf of the Sexual Assault Case Handling Review Team* Introduction The Halton Regional Police Services Board passed a resolution at its February 23, 2017 meeting that the Board undertake a review of how sexual assault cases are handled by the Halton Regional Police Service, including policies and procedures and the classification of sexual assault occurrences. The resolution further set out that the Board undertake this work in collaboration with local community and justice partners. The ultimate goal of the review is to ensure victims of sexual assault are provided a timely and dignified response, the best support possible from the police service, and that the process is comprehensive, fair and respectful. Context It is well-documented that a small number of sexual assault victims report their experience to police. Victims can be reluctant to report sexual assault for a host of reasons, including, for example, fear for their safety, and fear that they will not be believed or supported by police and other justice system officials. The justice system response to sexual assault victims was brought to the forefront recently with the publication of a recent Globe and Mail article, which highlighted that from 2010 to 2014, on average, 19% of sexual assault allegations in Canada were cleared as unfounded. In Halton, an unfounded rate of 30% was reported. A 2016 research paper reported that in Canada only about 0.3% of sexual assault perpetrators are convicted (Conroy & Scassa, 2016). Police are members of a society where sexual assault continues to be a norm and we cannot assume they are immune from beliefs and values that can lead to a less than optimal response to sexual assault. While police certainly cannot take full responsibility for the criminal justice system s handling of sexual assault cases, they serve as the entry point into the system and often the end point in many cases. As such, they have great potential to positively impact the system and certainly the experiences of victims. This would require the police to be leaders in identifying and disabling gender bias and deconstructing rape myths. 1 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in 2.1

2 Over the years, training has been provided to justice system officials in an effort to address rape myths and gender bias in sexual assault investigations, reduce re-victimization of sexual assault survivors, and ultimately encourage greater reporting of this crime. Research suggests that continued training is necessary to ensure optimal victim support, to ensure rape myths are addressed and gender bias is avoided in investigations, and that police understand the effects of trauma on a sexual assault victim s ability to provide information during the police interview. Given the complexities involved in sexual assault investigation, research continues to examine issues relating to sexual violence, the effects of trauma on sexual assault survivors and the police handling of sexual assault investigations, amongst other issues. Best Practices Research and government reports consistently indicate there are a number of best practices that should be followed in conducting sexual assault investigations: Police should contact the victim as soon as possible to ensure her/his safety; Victims should be given an appropriate amount of time to rest before conducting police interviews to allow their brains time to process information; Sexual assault victims should be offered the opportunity to speak with an officer of the gender of their choice; Interviews with sexual assault victims should be conducted in soft interview rooms; Police should conduct investigations in a compassionate manner that is not accusatory or victimblaming; Police should conduct trauma-informed investigations, where they show a demonstrated understanding of the effect that sexual assault has on a victim and her/his ability to remember and recount information; Emotional support, such as belief, should be provided to victims, as well as information and resources; Risk assessment and safety planning should be conducted with all victims who wish to participate; and When classifying cases as unfounded, accountability mechanisms, such as requiring a supervisor s approval should be in place. Information provided through consultations with the Commander of the Child Abuse and Sexual Assault Unit of the Halton Regional Police Service indicates that the Halton Regional Police Service follows these practices. It is their fundamental tenet that all victims are to be believed. The Halton Regional Police Service works regularly with partners in the victim advocacy field to ensure victims are supported. 2 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

3 The Halton Regional Police Service Directive on sets out the following: It is the policy of the Service to consider the needs of the sexual assault victim paramount, with investigations conducted in a timely and effective manner, balancing the needs of both the victim and the investigation. All officers must be aware of the impact on the victim of repeatedly having to recount the details of the sexual assault and every effort should be made to minimize the number of times the victim is required to do this. The Victim Services Unit of the Halton Regional Police Service provides immediate crisis intervention, follows up with officers as needed regarding police procedures, and provides practical assistance to sexual assault victims (e.g., transportation, assistance during meetings). The Halton Regional Police Service Directive on Victim Assistance states that: Members of the Service shall make every attempt to act in a manner that does not increase the suffering of victims of crime, and that does not discourage victims of crime from participating in the justice process. The Victim Services Unit provides culturally competent, trauma-informed care to victims of crime and/or trauma through immediate short-term intervention and/or referrals to other community social services or agencies both while on scene and via the telephone. Key Themes and Trends A number of key themes and trends emerge from current research, government reports and media articles. These themes can be broken down as follows: A. The need for ongoing education of justice system officials on sexual assault, in particular on addressing rape myths; the avoidance of gender bias; and on traumainformed service provision Recent research indicates that police officers need continued training in the area of sexual assault investigation, in particular around addressing rape myths, the avoidance of gender bias in investigations and in ensuring the provision of trauma-informed services using empathy, respect and patience with sexual assault victims. The first interview with a sexual assault victim can be a defining point in the investigation - if a victim feels believed, she/he is more apt to open up and share information with an investigator. On the other hand, if a victim feels she/he is being interrogated and that her/his credibility is being called into question, she/he is not likely to feel comfortable sharing information that would be helpful to the course of the investigation. 3 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

4 Though great strides have been made in the handling of sexual assault cases, gender bias and rape myths remain pervasive throughout society, including the criminal justice system and police practices (Police Executive Research Forum, 2012). Gender bias may take such forms as police underreporting sexual assault cases or improperly coding cases as unfounded or interrogating instead of interviewing victims (Department of Justice, 2015). In 2015, the Department of Justice recommended that police be trained to: write reports of their interviews with sexual assault victims in the victims own words; and only classify cases as unfounded after a thorough and complete investigation has been conducted. The Ontario Select Committee on Sexual Violence and Harassment indicated in its 2015 report that it supports a renewed commitment to educate justice officials, including police, on the necessity of a just and compassionate approach with sexual assault victims. There is currently a great degree of emphasis on the need for training on trauma as it relates to the justice system response to sexual assault victims. The 2017 Canadian government report on Taking Action to End Violence Against Women and Girls in Canada states that adherence to a trauma-informed approach would enhance police interviews, investigations and lead to more successful prosecutions. The International Association of Chiefs of Police Sexual Assault Response Policy and Training Content Guidelines state that victims respond in different manners to trauma and that responses that may seem counterintuitive shall not be construed to negatively impact a victim s credibility". Also in 2015, a University of Ottawa report recommended that ongoing training be implemented in collaboration with community groups who provide services to sexually assaulted women to ensure front-line officers are knowledgeable about the impacts of male violence on women and are capable of providing non-judgmental and compassionate response in all cases. Regular and ongoing education in a complex field such as sexual assault investigation, where science and research are constantly evolving, would be an effective practice for police services. Sexual Assault Learning Forum: Sexual Assault: Science, Collaboration and the Provision of Optimal Victim Support As a starting point, it is recommended that a sexual assault learning forum take place in June 2017 on Science, Collaboration and the Provision of Optimal Victim Support for police and victim advocates. Experts participating in the forum will include: Carol Tracy from the Women s Law Project, Philadelphia and Retired Lieutenant Tom McDevitt from the Philadelphia Police Department, to talk about the Philadelphia Model; 4 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

5 Sunny Marriner from the Ottawa Rape Crisis Centre to discuss Canada victim advocate reviews; and Dr. Lori Haskell, a clinical psychologist to explain the neurobiology of sexual assault. Recommendation 1: That the Halton Regional Police Services Board host a sexual assault learning forum for police and victim advocates to include information on the Philadelphia model, Ontario advocate case reviews, rape myths, gender bias and trauma-informed policing, to achieve the following objectives: to learn from the practices of other jurisdictions and determine whether there might be value in adopting elements of these practices in Halton, and to ensure police and victim advocates are educated on the latest scientific research as it relates to trauma in sexual assault victims and ensure optimal service provision. B. The need for multi-sectoral collaboration in order to provide optimal victim support For some time now, countless research reports have pointed to the importance of collaboration and engagement-based models of policing. For example, a 2015 University of Ottawa report recommended that police policies and practices be continuously reviewed in consultation with victim advocacy agencies to identify areas in need of enhancement/updating. Collaborative, engagement-based policing is something that has caught on across Ontario police services, Halton Regional Police Service included. One example of this is that the Halton Regional Police Service has been working with the Halton Regional Police Services Board, Halton Region, multiple sectors, and community partners on an initiative to develop a community safety and wellbeing plan in Halton. In the area of sexual assault specifically, members of the Child Abuse and Sexual Assault Unit have been partnering with victim advocate agencies to provide optimal victim service provision. In the vein of collaboration, and in the broader police movement toward multi-sectoral partnerships and community safety/well-being planning, it is recommended that the Halton Regional Police Service formalize its existing partnerships with victim advocate agencies and other justice officials through the creation of a Sexual Assault Advisory Committee. The Committee would meet regularly to discuss issues of concern, any necessary changes to policies and procedures, share information and education. 5 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

6 There are other jurisdictions in Ontario that have such advisory committees in place and have found them to be successful, for example, Toronto. Having such a committee aligns with the movement towards multi-sectoral collaboration and would be an effective forum for information sharing and cross-education. It would be an effective mechanism to ensure victim service providers and police are current on the latest information and that, most importantly, victims are best supported. In addition to the creation of a formalized Sexual Assault Advisory Committee, the Halton Regional Police Service may wish to consider whether there would be value in adopting elements of the Philadelphia-style model of case review into the Halton Regional Police Service s sexual assault investigation practices, creating a made-in-halton approach. Recommendation 2: That the Halton Regional Police Services Board work with the Halton Regional Police Service to establish a Sexual Assault Advisory Committee to: encourage multi-sectoral collaboration, information-sharing and education, ensure policies and procedures are current and effective, collaborate on the development and delivery of hands-on learning opportunities for police and victim advocate agencies, including mandatory training, determine what a made-in-halton victim advocate case review model would look like (should there be interest in proceeding), discuss mechanisms to solicit feedback from sexual assault survivors and how to integrate that feedback into practice, discuss barriers to complaints from sexual assault survivors and develop a process for handling these complaints, collaborate on the development of performance measures around service provision in sexual assault cases, review how investigations are conducted when capacity to consent is an issue, ensure the provision of optimal victim support. It is recommended that the committee provide a report to the Halton Regional Police Services Board on an annual basis (or more frequently should there be a need). 6 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

7 C. A movement toward the adoption of, and interest in, Philadelphia-style models of police-advocate case reviews across North American police services The Philadelphia model has been commonly dubbed the gold standard model of sexual assault service provision. It has received much media, research and government attention of late. This model was built after it was discovered Philadelphia had classified a large number of sexual assault allegations as non-criminal. In addition to that, the Philadelphia Police Department s unfounded rape rate was 43% in 1983, compared with the then national average of 10%. After an initial case review was completed, 58% of the 3119 cases originally coded as non-crimes were recoded as crimes and founded. The Philadelphia model, which brings together civil rights lawyers, police, children s aid organizations, and victim advocacy agencies, reviews all unfounded sexual assault cases, as well as a sampling of sexual assault cases classified otherwise. The objective of the review team is to ensure that victims are provided with the best support possible and that cases are being classified as they should be. During the review, advocates read hundreds of files with the following questions in mind: Were all identified witnesses interviewed? Were interviews conducted properly? If recantation occurred, was it coerced? Were photographs taken and was the crime scene processed? Was the collection of evidence thorough enough? Was the case properly coded? If the investigation supported making an arrest, was the arrest made? If the case was coded as unfounded, was it appropriate to code it this way? Did a supervisor review and approve unfounding decisions? The review offers the opportunity for information sharing about cases (with confidentiality agreements in place), to ask questions, and to ensure that proper practices are being followed. Participants in case reviews have found the experience to be a positive one, that is non-blaming, and that allows for cross-training to occur just as police are learning from the process, so too are victim advocacy organizations. The Philadelphia model is a cross-collaborative model that allows for dialogue, learning and enhanced victim service provision and has made some definite strides that are worthy of consideration by other police services, including the Halton Regional Police Service. 7 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

8 Many government bodies, researchers, and victim advocacy agencies are lauding the benefits and successes of victim advocate case reviews, such as the Philadelphia model: The 2017 Canadian government report on Taking Action to End Violence Against Women and Girls in Canada makes reference to the Philadelphia model as a promising practice. A 2012 report from the Police Executive Research Forum cites that the Philadelphia Police Department is known for having a model program to ensure that sexual assault investigations are thorough and effective. According to the Women s Law Project, case reviews have led to a significant improvement in the thoroughness and documentation of investigations and coding of crimes. A 2013 report from the Human Rights Watch states that instituting outside review has been a success, resulted in a higher standard of investigations for these crimes, while also sensitizing advocates to the practical difficulties of conducting investigations. The report also indicates that the review s collaborative efforts has led to increased trust; promotion of a culture that respects sexual assault victims; improved investigative files, documentation and oversight; and enhanced police training and procedures. The Ottawa Rape Crisis Centre reports that case reviews provide real-time applied training to officers, develop better community/police collaborations and relationships and support trial outcomes and further that the best way to address unfounded cases is through an annual review. The International Association of Chiefs of Police Sexual Assault Response Policy and Training Content Guidelines state that police services should consider establishing community partnerships to undertake external reviews of sexual assault cases to ensure optimal victim support and thorough investigations. According to Conroy and Scassa, the Philadelphia model has proven successful in significantly improving police handling of sexual assault cases and public confidence in the system. These researchers indicate that the Philadelphia model should be considered for implementation in Canada to respond to alleged misuse of the unfounding classification and for consistency with the open/transparent government movement. Further, they state that Philadelphia-style models promise greater transparency in policing by creating a collaborative framework in which police follow guidance provided by women s groups and other parties with knowledge and experience that is crucial to the proper handling of cases involving women who have been victimized by sexual violence. The Ontario Select Committee on Sexual Violence and Harassment recommended that the Ontario government consider implementing a process similar to the Philadelphia model to track the treatment of sexual assault cases by police. Ontario s Minister of Community Safety and Correctional Services, Marie-France Lalonde stated she is especially interested in the Philadelphia model. 8 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

9 The Brantford Police Service initiated a victim advocate case review in 2017 and the following comments were reported to the Globe and Mail with regard to the experience: o Brantford Police Chief Geoff Nelson said I would not be surprised if our conversations in the future expand to video and audio being made available this is relatively new to us. So far, it s moving along quite smoothly. It s been positive. Already the committee can see some themes which can be built into some type of training module. o Joanna Brant, Executive Director of the Sexual Assault Centre of Brant, said There were training opportunities in all areas. I think we also saw evidence of excellent police work happening and we can use that in training opportunities going forward as well. o Sergeant Reeder of the Brantford Police Service said You hear that it s going to be an advocate review. Initially it s like Oh no. I didn t understand what the intent was behind it. I thought it was to pick apart police investigations. Now I get it. I can see it s about education and the end goal is training for us. I think it s a good thing. Recommendation 3: That the Halton Regional Police Services Board consider adopting a victim advocate case review in the handling of sexual assault cases. D. The need to ensure effective accountability mechanisms are in place when classifying sexual assault cases as unfounded Research reports indicate there is a need to have proper accountability mechanisms in place when classifying sexual assault cases as unfounded. Given the nature of sexual assault cases, which are complex, and which require that victims be believed, it is essential that thorough investigations take place and that appropriate approvals are sought from high level police officials before cases are deemed unfounded. This ensures that more than one person has made the classification determination, and that the determination is corroborated based on the evidence gathered. Information has been provided, in consulting with the Child Abuse and Sexual Assault Unit of the Halton Regional Police Service, that the Halton Regional Police Service does have accountability mechanisms in place when classifying sexual assault cases as unfounded. At the conclusion of an investigation, a Sergeant is consulted prior to clearance and then the Staff Sergeant is advised of the clearance. The Staff Sergeant makes the final determination. Researchers have found that there is confusion on what the unfounded classification means and how it differs from unsubstantiated (Justice Canada, 2007). 9 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

10 The Police Executive Research Forum report on Improving the Police Response to Sexual Assault provides information that, if officers are discouraged from classifying cases as unfounded, there is a risk that these cases will simply be classified differently and will continue to go uninvestigated without any real change. Within this context, it will be important to monitor outcomes flowing from the Police Information and Statistics Committee (POLIS) recommendations relating to current clearance categories offered through the Uniform Crime Reporting Survey, to determine any impact for the Halton Regional Police Service. The POLIS Committee has recommended that a common approach be adopted for police classification and reporting of crimes, including sexual assaults. Further, they have recommended that definitions of founded and unfounded be simplified, and additional classification categories added to improve the quality of data analysis. Recommendation 4: That the Halton Regional Police Services Board monitor outcomes of the Police Information and Statistics Committee relating to current clearance categories offered through the Uniform Crime Reporting Survey to determine any impact for the Halton Regional Police Service. Recommendation 5: That the Halton Regional Police Services Board amend its policy on Sexual Assault Investigation to confirm the Board s expectations that: regular, ongoing training and skills development is provided to address rape myths and gender bias in sexual assault investigations, and on trauma-informed service provision; o training should include hands-on learning opportunities, as well as training delivered by external experts, including victim advocates, and mandatory training; appropriate accountability mechanisms remain in place for classification of cases as unfounded; investigations be undertaken with an emphasis on the provision of optimal support in accordance with the Victims Bill of Rights. 10 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

11 Moving Forward: Collaboration amongst Sexual Assault Case Handling Review Team members is in the interests of optimal service provision for victims of sexual assault and will be ongoing and ever-evolving with time and research. It is the intent of the Sexual Assault Case Handling Review Team to submit a supplementary report to the Halton Regional Police Services Board by the end of the fall 2017 that captures the input of sexual assault victims. The input of sexual assault victims is crucial to the work of the Sexual Assault Case Handling Review Team and will help inform its findings. *The following are members of the Sexual Assault Case Handling Review Team: Alma Arguello (Sexual Assault & Violence Intervention Services of Halton), Martha Barragan (The Women s Centre of Halton), Diane Beaulieau (Halton Women s Place), Jane Bottomley (Nina s Place), Rebecca Burrows (Sexual Assault & Violence Intervention Services of Halton), Kimberley Clark (Victim Services Unit, Halton Regional Police Service), Ancilla Ho-Young (Advancement of Women Halton), Monica Mackenzie (Ministry of the Attorney General), Julie Moscato (Executive Director, Halton Regional Police Services Board), A/Superintendent Anthony Odoardi (Child Abuse & Sexual Assault Unit, Halton Regional Police Service), Carol Oosting (Thrive Counselling), Tricia Porter (Halton Violence Prevention Council), Darina Vasek (Nina s Place), Chondrena Vieira-Martin (Thrive Counselling & Halton Violence Prevention Council). 11 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

12 References Baker, Linda L., Campbell, Marcie, & Straatman, Anna-Lee. May Overcoming Barriers and Enhancing Supportive Responses: The Research on Sexual Violence Against Women. Western Education. Canadian Association of Chiefs of Police Statement:. February 10, Conroy, Amy & Scassa, Teresa Balancing Transparency and Accountability with Privacy in Improving the Police Handling of Sexual Assaults. Canadian Journal of Women and the Law. Doolittle, Robyn. February 3, Unfounded: Why Police Dismiss 1 in 5 Sexual Assault Claims as Baseless. Globe and Mail. Doolittle, Robyn, Pereira, Michael, Blenkinsop, Laura & Agius, Jeremy. February 3, Will the Police Believe You? Globe and Mail. Halton Regional Police Service Directive on. April, 29, Halton Regional Police Service Directive on Victim Assistance. April 29, Improving Police Response to Sexual Assault Human Rights Watch. It s Never Okay: An Action Plan to Stop Sexual Violence and Harassment. Progress Report Ontario Government. Hattem, Tina Just Research no. 14 Highlights from a Preliminary Study of Police Classification of Sexual Assault Cases as Unfounded. Department of Justice Canada. Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence. The Department of Justice Improving the Police Response to Sexual Assault. March Police Executive Research Forum. International Association of Chiefs of Police: Investigating Sexual Assaults: Model Policy. May 2005 International Association of Chiefs of Police Sexual Assault Incident Reports: Investigative Strategies. International Association of Chiefs of Police Sexual Assault Response Policy and Training Content Guidelines. June Johnson, Holly. Fall Improving the Police Response to Crimes of Violence Against Women: Ottawa Women have their Say. University of Ottawa. Johnson, Holly. January Limits of a Criminal Justice Response: Trends in Police and Court Processing of Sexual Assault. Marriner, Sunny VAW Advocate Case Review (VACR). Ottawa Rape Crisis Centre. 12 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in

13 Marriner, Sunny. March Measuring Change: Case Review & Policing Sexual Assault. Ontario police force includes external advocates in sex assault audit. April 10, Globe and Mail. Reforms in Philadelphia. January Human Rights Watch. Saunders, Mark. February 9, How the Toronto police have kept unfounded rates low. Globe and Mail. Scoring Unfounded and Founded Incidents: National standards according to the Uniform Crime Reporting (UCR) Survey. February 14, Canadian Centre for Justice Statistics, Statistics Canada. Select Committee on Sexual Violence and Harassment. December Final Report. Legislative Assembly of Ontario. Sexual violence case review similar to Philadelphia among new police projects. February 15, The Canadian Press. Taking Action to End Violence Against Young Women and Girls in Canada. March Report of the Standing Committee on the Status of Women. Parliament of Canada. Toronto Police Service Sexual Assault Advisory Committee Terms of Reference. Unfounded: How police and politicians have responded to the Globe s investigation so far. Globe and Mail. Uniform Crime Reporting Manual. Statistics Canada. Victims Bill of Rights White, Patrick & Doolittle, Robyn. February 10, Unfounded: Over 10,000 sexual assault cases to be reviewed. Globe and Mail. Women s Law Project. February Advocacy to Improve Police Response to Sex Crimes. Philadelphia. 13 Report to the Halton Regional Police Services Board: Ensuring Optimal Victim Support in