TIMMINS - The mishandling by police of a sexual assault case involving a Timmins teen has raised questions about what qualifies as consent to sex when the victim is intoxicated.
Maddie, a sexual assault complainant who asked that her last name be withheld to protect her identity, acknowledged that drunken consent can be a “grey area, but you can tell when somebody is not in their right mind to consent to something.”
Maddie said Timmins Police Service officers’ lack of understanding of consent means she’d turn to anyone but the police if she ever needed help again. An investigation into Maddie’s case found that two constables and one sergeant neglected their duty while handling the teen's file.
Becky Mason, public education and community relations coordinator with Timmins and Area Women in Crisis, said that the public needs to unlearn rape culture for real change to occur.
“If someone is under the influence, they cannot consent. They very literally can’t,” said Mason. “Society has infiltrated the minds of most people to say, well, you shouldn't have gotten drunk then.”
Karine Denis, coordinator of community development with the Centre passerelle pour femmes du Nord de l’Ontario said there’s no scientific formula to consent when alcohol or drugs is involved.
“It is the initiating partner’s responsibility to ensure that their partner is offering a full consent at every step of the sexual activity,” wrote Denis in an email.
THE ASSAULT
Maddie, a former Timmins resident, claims she was sexually assaulted in October 2015.
After drinking at a house party, a male friend offered to walk with her to her car, where she needed to get something.
The teenager said she blacked out between when the friend kissed her – and when she woke up to find him having sex with her.
The boy texted her the next day.
“Sorry, for all this. I didn’t know if you want this or not, but I made sure, I asked like 5 times and stuff and yeah, my apologies I feel like a huge dick I don’t if it because of, you know you’re too drunk or what not. But just text me when you at least get in.”
Maddie didn’t want to go to the police.
“I told my mom what happened, and I asked her, is this rape?”
Her mother told her to ask the police, but now feels guilty about her advice.
“We, especially me, pushed her to go to the police,” said Maddie’s mom. “It just turned into a nightmare.”
THE INVESTIGATION
The family agrees that the first Timmins Police Service constable, who brought Maddie to the hospital for rape kit testing, did nothing wrong.
But when Const. Leah Blanchette walked into the room, “the tables had turned and it was my fault,” said the teenager.
“She walked in, sat down, said, ‘We shouldn’t press charges, but tell me what happened.’”
The Office of the Independent Police Review Director (OIPRD), when reviewing an internal TPS investigation, substantiated a finding of “misconduct on the basis of neglect of duty ... against Const. Blanchette.”
The interview between Maddie and the constable included this comment by the TPS officer:
“You have to take a little bit of responsibility as well right? And ah, you unfortunately drank too much, you unfortunately found yourself in that position, and um, nobody has a right to take advantage of anybody, but it sounds like you were both in, were in an intoxicated state.”
Blanchette also suggested the perpetrator needed “education,” rather than criminal charges.
“Const. Blanchette also appeared to believe that the suspect’s level of intoxication was a defence,” stated the report.
The case was transferred to Const. Jason Brazeau.
The OIPRD subsequently found he conducted a “negligent investigation” and “erred in his application of the law” surrounding consent.
“Const. Brazeau indicated that a person could consent to sex even if drunk because consent can occur by act or gesture,” stated the report. “Const. Brazeau did not consider whether the affected person had the ability to consent under section 273” — which states that consent is not possible when the complainant is incapable of consenting.
The May 2, 2017 report also found that Const. Brazeau did not request to see text messages from the morning after the assault, nor did he submit the sexual assault kit for testing. He also failed to interview a witness until five days after the assault was reported.
The TPS constables forfeited pay, and were offered training opportunities as a form of discipline after the TPS investigation into their misconduct was concluded.
Sgt. Lorne Yee was also investigated, though his conduct was seen as less serious in nature. The report noted that “he defended the interview (between Maddie and Blanchette) without actually watching the entirety of the interview.”
It also stated that Yee directed that the sexual assault kit not be submitted.
THE FALLOUT
“The case was so mishandled that there was absolutely nothing that could be done to save it,” said Maddie.
No charges were laid against the boy who assaulted her.
Maddie and her family have lost faith in the police.
“They didn’t do their jobs,” said the teenager. “There’s still girls going through the same thing over and over, and it’s just not OK.
“They don’t understand (consent) and that contributes to the culture of blaming girls for it. There’s no consequences for persecutors.”
Timmins Police Service refused to answer questions regarding how police officers are trained to handle sexual assault cases, how victims are treated and what they would recommend to someone who is unsure of what qualifies as consent.
Kate Cantin, TPS corporate communications coordinator, said TPS and OIPRD investigations into the incident have been concluded, so “it would be inappropriate for us to comment any further.”
Maddie said that it’s clear when someone is drunk – too drunk to consent to sex.
“You can tell,” she said. “You go out with people, you can tell when someone is intoxicated.”
Maddie said she doesn’t want anyone to be fired, but she doesn’t see docking pay as a solution.
“If they recognized the problem, and they took the training, and they fixed it, that would be enough for me.”
But the family says TPS doesn’t recognize the problem. When the Globe and Mail reported that 30% of sexual assault cases reported to TPS were classified as unfounded (as in the allegations were baseless), Timmins Police Chief John Gauthier ordered an investigation.
He said the 190 cases out of 641 that were classified as unfounded were actually improperly classified.
Maddie’s mom said “that’s just plain ridiculous.”
“The chief needs to take some responsibility and step up and realize what his officers are doing, and admit there is an issue,” she said.
WEIGHING IN
Denis wrote in an email to The Daily Press that recommendations to TPS to implement an external advocate case review model “have fallen on deaf ears.”
“Survivors deserve better,” wrote Denis. “They need to know that it is never their fault, regardless if they’ve intentionally consumed alcohol, this does not make them responsible for the assault.”
Denis recommended that the justice system – including police, Crown attorneys, defense lawyers and judges – receive additional sexual assault training.
Mason said that if someone is “unsure, there’s no consent.”
“I feel like this is a no-brainer,” said Mason. “If you can’t say yes, it’s no.
“Sexual violence is the only crime where a victim is going to be made out to be the person at fault.”
Mason said a proactive approach is necessary, where teaching young people about consent is a priority.
Both Mason and Maddie agreed that harsher punishments for sexual violence are necessary.
“We need to show the world that we’re not going to tolerate it,” Mason said.
Maddie said, “If there’s no consequences, then the education is meaningless.”
“There’s been no repercussions,” Maddie said. “It’s all the same people doing the same things (at TPS), and that bothers me. It bothers me that there’s girls reaching out to me saying ... this is happening to me (too).
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