What if police officers used the same twisted rationale to disregard crimes such as vehicle theft as they do sexual assault? In considering a hypothetical example such as vehicle theft and applying the same reasoning used in attempting to dismiss a sexual assault, a common statement may resemble the following: “If people do not want their cars to be stolen, they should not own cars in the first place. Did you see the look of that car? It was parked in their driveway, practically asking to be stolen. Thieves will be thieves.” In this context, society would most likely consider it absurd to justify the actions of the offender, however, such sentiments seem to be normalized if not encouraged when applied to instances of sexual violence in particular. A significant discrepancy exists between societal perceptions of perpetrators of sexual assault in comparison to perpetrators of alternative crimes. While movements such as #Metoo have been successful in raising awareness about the prevalence of sexualized violence and victim blaming, little effort has been made at the institutional level to adequately address the concerns voiced by such movements.
According to Statistics Canada, “only 12% of sexual assaults reported to and substantiated by police in Canada result in a criminal conviction.” This lack of action on behalf of the police can be attributed to the institutionalized rape culture that is embedded so deeply within Canada’s Criminal Justice System. Victim blaming in sexual assault cases serves to perpetuate rape culture as it not only fails to hold perpetrators accountable for their actions, but it fails to address the root causes of violence. As scholars interviewed by Globe and Mail state in a study on the derailment of sexual assault investigations, despite “sexual assault [being] one of the most serious violent crimes in the Criminal Code, the investigative response is [rarely] proportional to the severity of the crime.” Sexual assaults already remain one of the most underreported crimes, and it is no wonder that survivors are discouraged from coming forward with their stories when hearing about the frequent mishandling of cases.
In studying the link between rape culture and the Criminal Justice System, it is important to consider the factors that come in to play in determining whether a police officer believes a sexual assault was committed “beyond a reasonable doubt.” The complexities that arise in dictating what constitutes a sexual assault aid in creating the notion of the “perfect victim”, which suggest that in order for a survivor’s testimony to be considered valid, it must fit a rigid mold constructed by police officers. Otherwise, their cases are often dropped and classified as unfounded.
Furthermore, as Robyn Doolittle found in her study of the investigative procedures of sexual assault cases in Canada, some police officers choose to take it upon themselves to determine if the evidence presented is sufficient for conviction, despite the fact that crown counsel is generally the body that is responsible for making such decisions. As police continue to overstep the boundaries of their roles, they obscure the division between the evidence that a crime was committed and the evidence needed for a criminal conviction, thus further complicating already complex cases. In addition, their failure to abide by the principle that collective judgments serve to minimize bias calls the validity of their findings into question. “[Some police] are jumping the gun. They’re acting as the judge,” says a Crown attorney interviewed by Globe & Mail. This places unprecedented levels of power in the hands of police officers and is indicative of a flawed distribution of authority. Based on the low clearance rate of sexual assault cases and these systemic power imbalances, it seems as if law enforcement is actually generating significant barriers to justice rather than working to bring justice to survivors by holding perpetrators accountable.
This piece stems from a research-informed perspective, that has been shaped through my volunteer work with the AMS Sexual Assault Support Centre and West Coast LEAF, two remarkable organizations that deal with the intersections of the law, consent, and sexual violence. Moreover, while this research places a focus on the limitations of law enforcement as an avenue for justice, I acknowledge that there are also officers who are working to actively challenge discriminatory policies, and their efforts should not remain unnoticed. However, it is undeniable that there is an overall disconnect between the Criminal Justice System and survivors of sexual assault.
In addressing this disconnect, it can be contended that the issues at stake in the Criminal Justice System cannot be eradicated by operating on the archaic and discriminatory policies that have proven to be ineffective time and time again. There is an urgency for systemic reform but this process cannot even begin if cases involving sexual violence are simply overlooked and trivialized by police officers. Law enforcement needs to be held accountable for their conduct both at the individual and institutional level.
In looking at plausible solutions for challenging institutionalized misogyny, it is reasonable to assert that better training and oversight in sexual assault cases is a good starting point. Approaching cases of sexualized violence from a trauma-informed perspective can aid in the production of a survivor-centered investigation process Additionally, adjusting the threshold for evidence in such cases can be considered another mechanism for evoking change as it is clear that there is no “one size fits all” when it comes to evidence in such cases. Lastly, in addressing workplace demeanor, the formation of non-biased investigative bodies to inquire into allegations of misconduct by police officers can be considered a means of holding officers accountable for their actions. While some of these internal organizations do exist, few have actually fulfilled their purposes. These agencies must have no affiliation with the police whatsoever in order to provide accurate information on the status of officers. Otherwise, how can one establish trust in a system that continually violates the fundamental principles of justice through the ignorant dismissal of sexual assault?
