Yellowknife are reviewing the handling of a sexual assault case after a territorial judge blasted their SA国际影视传媒渆gregiousSA国际影视传媒 decision to arrest a victim instead of taking her to the hospital.
SA国际影视传媒淚 am unable to imagine circumstances which would justify this type of treatment of a victim of sexual assault,SA国际影视传媒 stated Judge Garth Malakoe in a written decision dated Aug. 9.
In the decision, Malakoe found Wade Kapakatoak, 25, guilty of sexual assault.
In May of last year, Kapakatoak was drinking with a woman, who was homeless, in the alleyway behind Capital Theatre. Kapakatoak was captured on CCTV surveillance sexually assaulting the woman, who was extremely intoxicated and could not consent.
A witness intervened and called , telling the dispatcher the woman had been raped. Kapakatoak, who left the scene, was arrested nearby shortly afterwards. But when Mounties met the victim, who was described as uncooperative, they didnSA国际影视传媒檛 take her to the hospital to be physically examined for signs of rape. Instead, the victim was arrested for public intoxication and held overnight at the Yellowknife detachment.
In court documents reviewed by Yellowknifer, the officer who arrested the victim under the Liquor Act stated he did so for the sake of her own safety.
At the time of the assault, the Street Outreach van wasn't yet in operation.
SA国际影视传媒淚t appears the victim was not treated with the dignity and compassion that she or any victim of sexual assault deserves,SA国际影视传媒 wrote Malakoe.
Following the sexual assault, the victim couldnSA国际影视传媒檛 be located to testify - and she didnSA国际影视传媒檛. Malakoe stated if the victim was avoiding testify as a result of her encounter with Yellowknife , then SA国际影视传媒 her treatment by the police has affected the judicial process.SA国际影视传媒
With no testimony from the victim, MalakoeSA国际影视传媒檚 finding of guilt was based solely on the footage captured by a camera affixed above the Capital Theatre.
Malakoe stated he was reluctant to speak further about the MountiesSA国际影视传媒 handling of the sexual assault as the force hadnSA国际影视传媒檛 yet had a chance to give SA国际影视传媒渋ts side of the story.SA国际影视传媒
But, on the surface, Malakoe stated the SA国际影视传媒渢reatment by police of the victim was egregious.SA国际影视传媒
SA国际影视传媒淭his treatment is an issue that should be examined and the police should have to explain,SA国际影视传媒 he wrote.
According to Yellowknife , the incident is being examined.
SA国际影视传媒淲e are reviewing the case and have requested a copy of the transcript in order to confirm what information was provided to the courts,SA国际影视传媒 stated spokesperson Marie York-Condon in an email.
SA国际影视传媒淥ur review is looking at how we applied our policy and training, the totality of the circumstance (what was known by responding officers, police authorities, medical assessment, etc.). We will also be looking at our interactions with the victim during and after and any support services offered,SA国际影视传媒 stated York-Condon.
But Yellowknife wonSA国际影视传媒檛 offer specifics about the review, citing the fact that the SA国际影视传媒渏udicial process is still underway,SA国际影视传媒 as Kapakatoak hasnSA国际影视传媒檛 yet been sentenced for the sexual assault conviction.
Kapakatoak, who initially pleaded not guilty, changed his plea to guilty in June.
'Devastating crime'
Calling sexual assault a SA国际影视传媒渄evastating crimeSA国际影视传媒 that brings long lasting trauma to victims, York-Condon stated the detachment is SA国际影视传媒渃ommitted to improving how its employees respond to victims and investigate allegations of sexual assault.SA国际影视传媒
SA国际影视传媒淭he is taking action to strengthen police training and awareness, investigative accountability, victim support, and public education and communication,SA国际影视传媒 read the statement.
Questions posed to about what would warrant a sexual assault victim being arrested rather than taken to hospital werenSA国际影视传媒檛 specifically addressed but York-Condon stated that once the review is complete, she is confident Yellowknife will be better placed to answer those questions.
Yellowknife Mounties havenSA国际影视传媒檛 provided a timeline for the completion of the review.
Bree Denning, executive director at the Yellowknife Women's Society SA国际影视传媒 which runs the outreach van and a women's shelter SA国际影视传媒 wasn't surprised to hear about the May 2017 incident.
SA国际影视传媒淚t's easy to see how someone who might be in conflict with in other situations, because they are experiencing homelessness, would easily escalate when met with in a situation where they are frightened and disoriented,SA国际影视传媒 said Denning.
But Denning said police interactions with vulnerable members of the community has improved in some ways. Before there were more resources like the outreach van and the shelter, jail cells were often the SA国际影视传媒 first stop for people who were intoxicated in the downtown regardless of what might have happened,SA国际影视传媒 said Denning.
SA国际影视传媒 We've worked really hard on making sure that's an absolute last resort,SA国际影视传媒 she added.
So, too, Denning, said, has the Yellowknife .
SA国际影视传媒淭he have been working hard to prevent themselves from having to arrest anyone under the Liquor Act because it's much more often a public health concern than a legal concern,SA国际影视传媒 said Denning.
Denning said the police handling of the sexual assault underscores the need to establish a crisis centre for women in the city, because victims of sexual assault often don't want to go through examinations at the hospital or make statements to police immediately after they've been assaulted.
Since joining the board of Yellowknife Women's Society, Denning said there's long been a push to create a place where victims SA国际影视传媒渃an go to have a place to sleep, something to eat, and then be able to wake up and have an examine or make a statement in that space.SA国际影视传媒
This would allow victims to bypass the hospital and cells SA国际影视传媒 two places that can be unwelcoming and unpleasant for victims of sexual assault.
Denning said the Mounties' decision to open a review is encouraging.
SA国际影视传媒淚 hope the review will help us to consider what our options are and how we might do things differently,SA国际影视传媒 she said.
Wade Kapakatoak is set to be sentenced on Oct. 11.