B.C. is bringing in new standards for sexual assault investigations. Here's what's set to change.
British Columbia is bringing in province-wide standards for police conducting sexual assault investigations, recognizing that the vast majority of these crimes continue to go unreported.
At a news conference Monday, Parliamentary Secretary for Gender Equality Kelli Paddon began by saying only six per cent of victims choose to make a report to police and that the decision not to contact police is often due to fear of being blamed or doubted, a lack of faith that the system will deliver justice or accountability, and a reluctance to go through a process that will be re-victimizing and re-traumatizing.
These concerns are more acute for women who are already marginalized or have historically faced discrimination – the same women who are disproportionately vulnerable to sexualized violence, Paddon noted.
"I want to reinforce that survivors do not need to report to police if they do not wish to," Paddon said, but added that Monday's announcement is an attempt to make the experience of reporting more responsive to victims and to ensure accountability and oversight during investigations.
The province's policing standards, which are available online, have been updated to include a section on sexual assault investigations. First among the standards are a series of guidelines for how police must treat a victim when they first make a report – including a list of things that are not allowed to "diminish response."
Individual characteristics of victims – including race, gender identity, socio-economic status, and substance use – can not impact the response, nor can the amount of time since the assault took place, the jurisdiction in which it occurred, or whether it was perpetrated in the context of an intimate relationship.
The policing standards are set to come into effect in July of 2024.
Public Safety Minister Mike Farnworth said the standards will apply to municipal police forces and RCMP detachments, providing consistency across the province and giving survivors and advocates a clear set of expectations for how cases will be handled which will, hopefully, increase confidence in the process.
"The new standards will make sexual assault investigations more effective, and help survivors get the justice that they deserve. The new policing standards will help avoid further harm to survivors during the investigation and connect them to appropriate services," he said.
"The standards are going to ensure that we are doing a much better job in this province than we have in the past," he later added.
Among the changes, Farnworth said, will be a requirement for supervisory oversight of investigations and a requirement to review closed cases that were deemed "unfounded," meaning police determined a crime was not likely to have occurred and did not recommend charges.
Insp. Phil Heard, with the Vancouver Police Department, said the force welcomes the new standards, stressing that they are "requirements, not guidelines." He noted that this means t survivors will now be able to make formal complaints if and when they are not followed, giving a new mechanism for recourse to those who feel their cases were not investigated adequately or fairly.
"Provincial policing standards ensure that all police officers in BC act in a consistent, fair and efficient manner. The new policing standards for sexual assault investigations make sure that sexual assault survivors are supported, and that police conduct thorough investigations," he said.
They say that a file can not be closed or otherwise concluded without the documented approval of a supervisor, who is expected to be involved as soon as possible and remain involved throughout the investigation. A minimum standard for what a file must include and what must be documented is provided, including a requirement to interview all witnesses, document any injuries and obtain any physical evidence.
As for the review of closed files, the province has not said how many cases will be reviewed, how far back the review will go, or who will be involved. However, the provincial guidelines will require departments to establish process for reviewing unfounded files every two years going forward.
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