Sex assault complainants turning to human rights tribunals, instead of justice system

[Tennis]

http://news.nationalpost.com/news/ca...to-seek-change

The challenges of criminally prosecuting sexual assault cases have some complainants turning to human rights tribunals in an effort to bring about systemic change and seek restitution.

The latest case involves a complaint by a woman against the University of Toronto that was filed with the Human Rights Tribunal of Ontario this month.

Tamsyn Riddle alleged that after being sexually assaulted by a student on campus two years ago, she reported the incident to the university rather than to police in part because she worried she’d be further traumatized by the criminal justice system.

After finding the university’s process distressing and unhelpful, Riddle, who agreed to be identified, sought advice from other sexual assault complainants and eventually chose to approach the rights tribunal about the school’s handling of her case.

“Me filing a human rights case was more to get the sense of justice that I was seeking when I first initially reported, but also to make sure that other survivors can report to their school … and have a better experience than I did,” she said.

Riddle, who got involved with the campus advocacy group Silence is Violence last year, said there is now greater discussion among sexual assault complainants about seeking accountability through the civil system as well as — or sometimes instead of — the criminal court.

While there is no data on the prevalence of civil sexual assault complaints, which include those made to human rights tribunals as well as lawsuits and other channels, there now appears to be more awareness of those options, experts said.

And while complainants should not abandon criminal prosecution, there are distinct advantages to pursuing civil avenues, they said.

“The civil context is seen as a fairer process because the parties are more on an even keel,” said Marcy Segal, a former criminal lawyer who now focuses on civil litigation.

The threshold for a criminal conviction is proof beyond a reasonable doubt, much higher than what’s needed in a civil case, which only requires the evidence to show that something is more likely true than not, said Segal, who has represented several sexual assault complainants.

Mandi Gray, a PhD student at Toronto’s York University whose sexual assault spurred a criminal conviction and a human rights case against her university, said both routes serve their purpose and both are difficult on complainants, who must endure having their experience and trauma challenged.

Gray’s assailant was found guilty last year but has since appealed the verdict. Her human rights complaint, which alleged York had insufficient protocols to deal with sexual assaults, was settled late last year.

“Myself, and everyone else that I have met to date has been interested in utilizing human rights legislation because of its ability to make systemic change that may otherwise not be available through civil litigation,” Gray said. “The ability to influence change within the institution is the primary motivator.”

The human rights tribunal can look into cases only where there is alleged discrimination involving an employment relationship or the provision of services, goods or accommodation, noted Karen Busby, a law professor at the University of Manitoba.

But complainants have a more active role to play in the civil system compared with the criminal system, she said.

The civil system also offers a broader range of outcomes beyond a guilty or not guilty verdict.

“A criminal case can’t provide financial compensation, can’t provide an apology, can’t require police to do something different, can’t require training,” she said.

Lawsuits have also been used to highlight systemic issues in some cases, Busby said, pointing to the landmark suit Jane Doe filed and won against Toronto police in the late 1990s for not warning women about serial rapist Paul Callow.

More recently, a woman whose sexual assault complaint was deemed unfounded by London, Ont., police filed a lawsuit against the force, claiming the way investigators handle such cases constitutes systemic discrimination.

Ava Williams, who has agreed to be identified, is seeking to have the court order a review of how the force investigates sexual assault complaints and of other cases previously declared unfounded.

Riddle is also seeking policy changes with her human rights complaint, including guaranteeing immediate counselling and academic accommodations for complainants.

This issue sure is getting a lot of press lately. How do you feel about it? Is the criminal justice system failing these women?

[SupBrah]

This is a horrible prescident to set.

Does the justice system fail some times? Sure, but almost all 1st world criminal systems are builty around one major pillar: Innocent until proven guilty. It seems like a lot of these social groups are putting it into the heads of women that the police and prosecution are out to get them or something. That's almost never the case. A lot of these investigators have wives and daughters, and many can even dedicate years of their life trying to get justice for a woman they believe is a victim.

But, sometimes, an accusation just has no merit, or not enough evidence to find a person guilty without a reasonable doubt. Does that mean it was made up? Of course not, but we can't just throw people in jail over little more than an accusation.

But these "human rights tribunals" have no jurisdiction, and almost always little to no training about such things. More often than not, they end up becoming mob mentality and mark any and all guilty immediately. Even if the person is 100% innocent.

[Jyggalag]

Is the criminal justice system failing these women?

There's no doubt. Rape is one of the most disgusting things someone can do to another human being. The time and effort women are having to invest in seeking any sort of justice from something as emotionally traumatizing as being raped is something that's very wrong with today's society. Schools and law enforcement should be doing more.

[stabetha]

There's no doubt. Rape is one of the most disgusting things someone can do to another human being. The time and effort women are having to invest in seeking any sort of justice from something as emotionally traumatizing as being raped is something that's very wrong with today's society. Schools and law enforcement should be doing more.

Schools aren't part of the justice system and the only thing they should be doing about it is referring victims to law enforcement.

[Independent voter]

She looks angry. I'd hit it.

[Tennis]

Schools aren't part of the justice system and the only thing they should be doing about it is referring victims to law enforcement.

Wrong. Schools can do much more than just refer. Have you not attended University?

[Jyggalag]

Schools aren't part of the justice system and the only thing they should be doing about it is referring victims to law enforcement.

This is true, but one of the examples above took place between two students at the same university and the incident itself took place on campus. The victim had the impression that she was better off not involving law enforcement before finding out the school's process was "distressing and unhelpful". The school needs to do a better job of a protecting students in the first place and a better job of washing their hands of it in favour of law enforcement.

[Jotaux]

Sounds like she is trying to circumvent the law to because she doesn't have proof.

- - - Updated - - -

This is true, but one of the examples above took place between two students at the same university and the incident itself took place on campus. The victim had the impression that she was better off not involving law enforcement before finding out the school's process was "distressing and unhelpful". The school needs to do a better job of a protecting students in the first place and a better job of washing their hands of it in favour of law enforcement.

The best way to protect the students is to let trained law enforcement professionals handle the case.

[Jyggalag]

The best way to protect the students is to let trained law enforcement professionals handle the case.

Glad we agree.

[ItachiZaku]

Male and female rape victims need to report these crimes to the school AND the local police. If they do not, they are only adding to the problem.

[Underverse]

Innocent until proven guilty beyond a reasonable doubt in criminal court. That's how our justice system works. Sometimes sexual abusers get off free, sometimes murderers get off free. That's a better alternative to condemning the innocent.

As for having your experiences questioned - yeah. That's necessary. You can't just expect everyone to believe you if you go around saying that you've been sexually assaulted without evidence. If you really want justice, then this will be a small price to pay. If you don't care, well, then it doesn't matter.

- - - Updated - - -

Wrong. Schools can do much more than just refer. Have you not attended University?

Can and should are two different things. Schools should not be holding their own tribunals. I personally know of a case where two girls got together, made a bunch of shit up, and expelled one of my friends (thus essentially ruining his life); all they needed to do was approach the university with a complaint. He wasn't even given a chance to defend himself. Is this a fair and just alternative?

[Tennis]

According to the experts, campus police have a significant role to play.

86% of sworn campus law enforcement officials have legal authority to make an arrest outside of the campus grounds.

86% of sworn campus law enforcement agencies have a staff member responsible for rape prevention programming.

70% of campus law enforcement agencies have memorandums of understanding (MOUs) with local law enforcement.

72% of campus law enforcement agencies have a staff member responsible for survivor response and assistance.

Among 4-year academic institutions with 2,500 students or more, 75% employ armed officers, a 10% increase in the last decade.

[Underverse]

According to the experts, campus police have a significant role to play.

Police - including campus police - do not administer justice.

[Deleted]

Murders and rapists should receive harsher punishment. Capital punishment and castration come to my mind.

[GennGreymane]

Should go to the police

They can actually do something about it. School authorities (aka basically just security guards, they need to get over themselves) need to include local authorities. The school management needs to encourage that.

[Flarelaine]

I personally know of a case where two girls got together, made a bunch of shit up, and expelled one of my friends (thus essentially ruining his life); all they needed to do was approach the university with a complaint. He wasn't even given a chance to defend himself. Is this a fair and just alternative?

Can he even sue the university in such a case?

[Deleted]

I dont get the reporting it to the school, go to the police, it shouldn't be for a school to handle it.

[lonely zergling]

If you cant be bothered to go to police your story probably isnt 100% true anway.

[Underverse]

Can he even sue the university in such a case?

The university has the right to make decisions to expel students. So I'm not sure. It's possible, but his name is already tarnished and it would probably be an expensive and lengthy process, which he cannot afford in both regards.

[Flarelaine]

http://news.nationalpost.com/news/ca...to-seek-change

This issue sure is getting a lot of press lately. How do you feel about it? Is the criminal justice system failing these women?

Not being Canadian, I have a few questions about this. How are these tribunals formed? Who gets to sit on them and how? Where is their authority and/or jurisdiction derived from?