Popular in Law

Law

Diversity and Social Mobility in the UK legal profession

Law Society I. Stephanie Boyce

Internet Law

The Law of AI for Good

University of San Diego Orly Lobel

Human Rights Law

Transforming Restorative Justice for Transitional Settings

University of Nottingham Kerry Clamp

Law

Surrey’s Silence: Subpart F and the Swiss Subsidiary Tax that Never Was

Boston University Steven Dean

Criminal Law

Prosecuting Misdemeanors

American University Jenny Roberts

Human Rights Law

Siege Starvation: A War Crime of Societal Torture

Tufts University Tom Dannenbaum

Corporate Law

Data Valuation and Law

University of Southern California Jordan Barry

Comprendre l’inconduite sexuelle policière : une perspective canadienne

View more insights in Professional - Law - Criminal Law

View more figures from University of Alberta

View the page of Sandrine Ampleman-Tremblay

Read the Study

Sandrine Ampleman-Tremblay provides an initial discussion in a Canadian context of police sexual misconduct based on case law and various specialized legal publications.

Image courtesy of interviewee. May 2, 2024

Generating Workspace

Export as PDF

This video video discusses the issue of police sexual misconduct, focusing on the speaker's personal journey and research in this area. The speaker's interest was sparked during their law studies when they learned about charter rights and a report detailing abuses by police officers against vulnerable women in Canada, particularly Indigenous women.

The speaker defines police sexual violence broadly, encompassing various acts beyond just sexual assault, including harassment, coercion, and exploitation of vulnerable individuals due to their position of authority. Survivors often face additional barriers to reporting, including distrust of the system, fear of retaliation, and concerns about their own credibility, especially if they belong to marginalized groups.

The talk describes systemic failures in addressing police sexual violence, including a low rate of charges, convictions, and the inadequate investigation processes, often handled by the police themselves rather than independent entities. The speaker advocates for improved support for victims, changes in police protocols, and the establishment of independent investigation units to create trust in the system.

Additionally, the text highlights the need for broader systemic reforms that acknowledge the role of the state in perpetuating these issues, suggesting legal changes that would hold police forces accountable and enhance victim support throughout legal processes. The speaker underlines that merely focusing on individual blame in sentencing misses the broader context where systemic issues must also be addressed.

Language:

Export as PDF

Export as PDF
Here are some articles that share themes and topics similar to the video regarding police sexual misconduct, systemic issues within law enforcement, and the experiences of marginalized groups:

1. **"The Silent Epidemic: Combating Police Sexual Misconduct"** - This article examines the prevalence of sexual misconduct within police departments across various regions and highlights case studies of survivors who share their experiences. It calls for systemic reforms in police accountability and victim support.

2. **"Indigenous Women and Police Violence: A Call for Justice"** - This piece focuses specifically on the challenges faced by Indigenous women in Canada regarding police violence and misconduct. It discusses the cultural convideo, historical injustices, and the need for policies that protect vulnerable populations.

3. **"Barriers to Reporting: Understanding Police Sexual Assault"** - This article investigates the psychological and systemic barriers that survivors face when reporting police misconduct. It emphasizes the importance of building trust in law enforcement and implementing independent oversight.

4. **"Rethinking Accountability: Police Reform and Sexual Violence"** - This article critiques current police protocols and investigations surrounding sexual misconduct cases. It discusses the necessity for independent investigation bodies and offers recommendations for policy changes to promote accountability.

5. **"Systemic Injustice: The Intersection of Gender, Race, and Police Violence"** - This scholarly article explores how systemic racism and sexism impact the experiences of survivors of police violence, focusing on marginalized communities and advocating for legal reforms.

6. **"Voices from the Margins: Survivor Stories of Police Misconduct"** - This article compiles narratives from survivors of police sexual misconduct, aiming to shed light on their experiences and the societal factors that enable such behavior within law enforcement agencies.

7. **"Changing the Narrative: Victim Support and Police Misconduct"** - This article discusses the critical need for victim-centered approaches in dealing with police sexual violence, proposing strategies for reform and enhanced support mechanisms for survivors throughout the legal process.

These articles provide a broader convideo to the discussions of police sexual misconduct, the hardships faced by victims, particularly within marginalized communities, and the essential systemic reforms needed for accountability and justice.

X-TIMESTAMP-MAP:LOCAL=00:00:00.000,MPEGTS=900000

00:00.235 --> 00:01.245
Well, first good question.

00:01.305 --> 00:03.365
My interest in police sexual misconduct

00:03.395 --> 00:04.445
that I call misconduct

00:04.445 --> 00:06.965
or violence, so I'll use these term interchangeably,

00:07.475 --> 00:10.205
come from when I was actually doing my first law degree.

00:10.765 --> 00:12.565
I was in law school second a year,

00:12.665 --> 00:14.645
and we were talking about charter rights

00:14.645 --> 00:18.285
and the idea that the state can violate citizen rights

00:18.285 --> 00:19.485
and there should be a remedy.

00:20.385 --> 00:23.845
And at that same time, there was a report by Canadian media

00:23.915 --> 00:26.325
that women in, in the western western region

00:26.385 --> 00:29.725
of Quebec were being abused by police officers.

00:30.145 --> 00:33.485
And these allegations were mostly, against, the

00:34.165 --> 00:36.765
Quebec, a provincial police force and touch.

00:36.775 --> 00:39.965
Indigenous women were in some situation of vulnerability,

00:39.965 --> 00:42.365
mainly due to sex work, but also addictions.

00:42.865 --> 00:44.685
So it kind of happened at a time

00:44.685 --> 00:47.125
where I was interested in state wrongs and,

00:47.145 --> 00:48.525
and it, it evolved from there.

00:48.525 --> 00:50.725
And I've been doing that since almost 10 years now.

00:51.345 --> 00:54.605
So that's a bit more the context of why I'm doing that.

00:54.865 --> 00:59.445
And if I can speak to what police sexual violence is,

00:59.585 --> 01:01.925
it is, oftentimes we only think

01:01.925 --> 01:03.245
of police sexual assault.

01:03.725 --> 01:06.165
I think that is, the formation of criminal law.

01:06.165 --> 01:08.445
We see the worst, but we don't see the whole spectrum.

01:09.025 --> 01:11.485
So police sexual violence is any type of act

01:11.485 --> 01:13.965
where police officer will use the position

01:13.965 --> 01:16.725
of trust in authority that comes with law enforcement

01:17.065 --> 01:21.245
and misuse it to commit some kind of sexually violent act.

01:21.625 --> 01:25.045
And that can be a comment, that can be gender profiling.

01:25.065 --> 01:27.885
So we've seen a few cases of that mostly in the, the US

01:28.295 --> 01:31.245
where police officer will traffic stops, people

01:31.265 --> 01:32.365
who they find attractive.

01:32.545 --> 01:35.125
So like it puts people, under stress for,

01:35.185 --> 01:36.205
for no good reason.

01:36.665 --> 01:40.525
And it can go up to sexual harassment, dermatological false.

01:40.625 --> 01:42.565
And, and then to the most serious acts of,

01:42.565 --> 01:46.125
of sexual assault, sexual expectation, sexual extortion, all

01:46.125 --> 01:50.015
of these criminal offenses, criminalists have tried

01:50.015 --> 01:54.095
to put things into classification in categories going from

01:54.095 --> 01:57.295
contact with victims of crime, contact with accused

01:57.555 --> 02:00.375
or, again, contact initiated

02:00.395 --> 02:02.535
by citizen while a police officer is on duty,

02:02.535 --> 02:03.935
which is not necessarily something

02:03.935 --> 02:05.895
that should happen according to police ethics,

02:06.355 --> 02:07.855
but most of them emit.

02:08.075 --> 02:10.535
Um, one of the most important forms

02:10.535 --> 02:14.175
of police sexual violence in Canada, which is police,

02:14.275 --> 02:16.495
sexual assault or police harassment against

02:16.545 --> 02:17.855
other police officers.

02:18.235 --> 02:21.055
So we've seen a lot of police women being in situation

02:21.055 --> 02:22.535
where they are consensually harassed,

02:22.565 --> 02:24.575
they're even sexually assaulted, raped,

02:25.035 --> 02:28.175
and they are still stuck in a system where they're supposed

02:28.175 --> 02:30.455
to be protecting the people, but they're also victims.

02:31.035 --> 02:32.975
So we've seen quite a few cases in Canada.

02:33.155 --> 02:36.295
We have a report against, the federal, rural

02:37.215 --> 02:40.055
Canadian mountain police that was rendered a few years ago.

02:40.475 --> 02:43.775
We have class action in Ontario, some in in Quebec.

02:44.075 --> 02:46.975
Uh, so there is a lot of stuff happening in terms of, of,

02:47.155 --> 02:49.695
police women being also victimized.

02:51.035 --> 02:53.455
The last point I'd like to make just in the context

02:53.675 --> 02:55.655
and definition is that a lot of victims

02:56.435 --> 02:58.735
are also in a situation of vulnerability. So

02:58.735 --> 03:02.045
We'll see a lot of victims who are intoxicated minor

03:02.435 --> 03:03.485
with disabilities

03:04.025 --> 03:06.725
or, in a situation where the legality

03:06.825 --> 03:08.685
of their condition is a bit contested.

03:08.845 --> 03:12.445
Migrants in the US sex worker in a lot of jurisdiction

03:12.445 --> 03:14.565
where sex work is criminalized,

03:14.745 --> 03:18.885
or even people who are them, some arrested

03:18.885 --> 03:20.965
for criminal offense, and then police

03:20.965 --> 03:22.005
sexual violence happens.

03:22.625 --> 03:24.125
So there is this idea that

03:24.125 --> 03:27.405
because of this enhanced vulnerability,

03:27.475 --> 03:28.525
they won't be credible

03:28.745 --> 03:30.765
or they think they won't be, they don't wanna denounce

03:30.765 --> 03:31.925
because they don't want their situation

03:31.925 --> 03:32.965
to be regular rights.

03:33.465 --> 03:36.645
So that, that is what police sexual violence is. Yeah.

03:36.645 --> 03:38.965
Thank you. Uh, well, first police sexual misconduct,

03:38.985 --> 03:41.165
as I said, is, is not necessarily sexual assault,

03:41.165 --> 03:43.245
but it is part of the criminal law framework.

03:43.705 --> 03:45.645
And in Canada, we now have sexual assault,

03:45.645 --> 03:47.085
which encompass rape,

03:47.265 --> 03:49.445
but also all sexual touching

03:49.445 --> 03:50.845
without the consent of someone else.

03:51.145 --> 03:53.445
So a bit more, encompassing the definition.

03:53.985 --> 03:57.165
So, in terms of police sexual assault, we'll be dealing

03:57.165 --> 04:00.245
with that provision of the criminal code that will apply

04:00.345 --> 04:01.485
to police officers,

04:01.505 --> 04:03.685
but anyone who commits this type of offense.

04:04.145 --> 04:07.605
And the three main points are there's an absence of consent.

04:07.755 --> 04:10.885
There's a touching, and that touching is sexual.

04:11.465 --> 04:15.285
So that sexual is defined as either through the regent,

04:15.355 --> 04:18.205
that is touched, the comments that accompany the gesture

04:18.425 --> 04:19.805
or a sexual gratification.

04:20.265 --> 04:22.245
So sexual gratification is not needed,

04:22.305 --> 04:25.765
but it can help you get to assault, to sexual assault.

04:26.595 --> 04:28.885
What I think is relevant in, in these definitions

04:28.885 --> 04:32.085
for police officer is the definition of consent,

04:32.635 --> 04:35.565
because we have two provision in the Canadian criminal code.

04:35.585 --> 04:38.925
The first is 2 65, subsection three saying

04:38.925 --> 04:42.565
that there is no consent when the complainant submit

04:42.585 --> 04:43.965
or does not resist.

04:44.025 --> 04:45.765
For two reasons I think that are important

04:45.765 --> 04:48.445
to highlight first threat or fear of threat.

04:48.985 --> 04:51.125
And second exercise of authority.

04:52.025 --> 04:54.845
So we have some cases where a police officer will show their

04:54.845 --> 04:56.085
firearm to the victim,

04:56.265 --> 04:58.565
and that, in my opinion, goes to the threat.

04:58.785 --> 04:59.925
So if you comply just

04:59.925 --> 05:02.725
because you are afraid of that force being used against you,

05:02.785 --> 05:04.325
you are in fact not consenting.

05:04.325 --> 05:08.285
And it is a sexual assault exercises of authority, it goes

05:08.305 --> 05:11.125
to that too, where the police officer will coerce you

05:11.125 --> 05:12.365
because of that position.

05:12.425 --> 05:15.045
So you have to ask yourself, if it had been someone else,

05:15.055 --> 05:16.645
would I have reacted the same way

05:16.905 --> 05:19.365
and did that position of authority was using the way

05:19.365 --> 05:21.365
to force me to do something I didn't want to.

05:21.665 --> 05:23.605
If that's the case against no consent.

05:24.965 --> 05:27.065
The third provision that really applies only

05:27.065 --> 05:28.105
to sexual assault

05:28.105 --> 05:30.225
because what I've just defined now is applicable

05:30.225 --> 05:33.505
to all forms of assault, but that excludes sexual assault.

05:34.045 --> 05:37.345
The second one is 2 73 0.12 C, sorry,

05:37.345 --> 05:39.145
like criminal law provisions are always

05:39.225 --> 05:40.265
a bit too complicated.

05:40.765 --> 05:41.865
And this is again,

05:41.865 --> 05:44.985
that consent won't be operative if it is given

05:44.985 --> 05:46.945
because of abuse of authority.

05:47.645 --> 05:49.905
So that really goes to the definition of giving

05:49.925 --> 05:51.145
of police sexual violence

05:51.315 --> 05:53.385
where someone misused their position

05:53.405 --> 05:54.505
to get something they want.

05:56.205 --> 05:57.885
Now the problem with that is

05:57.885 --> 06:00.965
that some cases we'll look at off duty police officer

06:01.105 --> 06:03.125
as not using a position of authority.

06:03.945 --> 06:06.845
My opinion of that is that it depends if you don't know

06:06.845 --> 06:08.285
that the person is a police officer,

06:08.335 --> 06:11.165
while they're not really misusing any authority,

06:11.705 --> 06:12.965
but we do have a lot of cases

06:13.015 --> 06:15.445
where the uniform was in the room

06:15.665 --> 06:17.685
or the victim knew they were a police officer.

06:17.905 --> 06:20.965
And I do think that when you use your position in that way,

06:20.965 --> 06:24.005
even if it's outside of your duties, it is still an exercise

06:24.005 --> 06:27.005
of authority that can appreciate consent at the very least.

06:27.665 --> 06:29.765
So there are a lot of barriers to persecution,

06:29.765 --> 06:31.005
to sexual violence in general.

06:31.545 --> 06:34.165
And I think that the, they are reproduce in case

06:34.165 --> 06:35.285
of police sexual violence.

06:35.315 --> 06:36.525
Some of them are just heightened

06:36.525 --> 06:40.005
because the person who is the aggressor is also part

06:40.005 --> 06:42.245
of the same legal system that's supposed to protect you.

06:42.785 --> 06:45.485
So the first in line, we have distrust of the system,

06:45.505 --> 06:47.885
in Canada and, and elsewhere around the globe,

06:47.885 --> 06:52.245
we've seen victims of sexual violence being distrustful

06:52.245 --> 06:55.005
of the system thinking that they, it didn't serve them well,

06:55.465 --> 06:57.525
and sometimes even re-traumatize them.

06:57.785 --> 07:00.485
So we have a, an excellent book in Canada written

07:00.545 --> 07:03.805
by Alan Kre saying that the victims go through two traumas.

07:03.895 --> 07:05.125
First, the sexual violence

07:05.585 --> 07:07.925
and second being forced by the criminal justice system

07:07.945 --> 07:09.525
to say all of this again

07:09.525 --> 07:12.405
to maybe not even have a conviction or, or sentencing.

07:13.305 --> 07:15.525
Uh, the second part that is relevant

07:15.525 --> 07:17.925
to police sexual violence is the fear of retaliation.

07:17.985 --> 07:20.165
So the idea that police officer might,

07:20.165 --> 07:21.645
might do something even worse to you

07:21.945 --> 07:23.245
or might intimidate you.

07:23.305 --> 07:24.965
And unfortunately we have case

07:24.965 --> 07:27.565
of intimidation even in the courtroom during trial

07:27.975 --> 07:30.685
where there was a case from from Quebec Bedu

07:30.975 --> 07:33.005
where a police officer was at trial,

07:33.495 --> 07:35.965
there were colleagues supporting him,

07:36.345 --> 07:39.445
and at recess they formed kind of a barrier near the victim,

07:39.545 --> 07:41.605
and she was really in a situation distress

07:41.955 --> 07:43.205
that was addressed by the court.

07:43.225 --> 07:45.805
But it still, if it victims know that this can happen

07:45.945 --> 07:48.965
or has happened, it just really heightened the fear

07:48.965 --> 07:50.445
of retaliation and intimidation.

07:51.865 --> 07:54.125
The other part that I think is important, and

07:54.125 --> 07:56.245
and I I won't be able to name all of them,

07:56.345 --> 07:58.125
so I'll focus on them that are really important

07:58.145 --> 08:01.125
to police sexual violence, is that a lot

08:01.125 --> 08:04.005
of women are themself part of police forces when

08:04.005 --> 08:07.445
that happens and they fear the impact on their career,

08:07.595 --> 08:09.365
they fear they won't be taken seriously

08:09.745 --> 08:11.885
or they fear that there is kind of a boys club

08:11.885 --> 08:14.205
where a male police officer will support each other

08:14.345 --> 08:15.765
and they will be the one suffering.

08:16.065 --> 08:17.565
So they prefer to stay silent

08:17.705 --> 08:20.165
and continue raising in the rank, perhaps with the hope

08:20.165 --> 08:22.565
that if they rise in rank, they'll have a position

08:22.565 --> 08:24.525
of power in which they can change thing.

08:24.585 --> 08:27.885
But we have seen cases where police officers just decide,

08:28.445 --> 08:30.805
I won't go through this, even if they know that

08:31.345 --> 08:32.885
an illegal act has happened

08:32.885 --> 08:35.005
because they have the legal knowledge to know that.

08:36.745 --> 08:39.165
Um, last point I think is credibility.

08:39.625 --> 08:41.645
Uh, a lot of victims and that is supported

08:41.645 --> 08:43.885
by the literature believe that they won't be seen

08:43.885 --> 08:46.365
as credible because I've said it.

08:46.365 --> 08:48.525
They are in a situation of vulnerability sometime

08:48.615 --> 08:51.045
illegality, and then they're being asked

08:51.045 --> 08:53.405
to testify against a police officer who is part

08:53.405 --> 08:55.285
of the system and represents the law.

08:55.625 --> 08:58.605
So that is one of the other problems that may lead

08:58.605 --> 09:01.045
to underreporting of police sexual violence.

09:01.425 --> 09:03.725
And I just realized that I forgot to speak

09:03.725 --> 09:04.965
of the sentencing framework.

09:04.985 --> 09:08.205
And the reason is very few cases get charged

09:08.305 --> 09:09.925
and very few cases get sentenced.

09:10.225 --> 09:15.165
So we have data from 2022 in Ontario where one point 59% is

09:15.165 --> 09:16.725
of case worth charge or sentence.

09:17.145 --> 09:19.645
So it's very like the tip of the iceberg,

09:19.645 --> 09:22.365
and there's much wrong much that goes wrong

09:22.365 --> 09:23.565
before you get to sentencing.

09:23.565 --> 09:25.805
So I do prefer to focus on other areas

09:25.805 --> 09:27.525
because if you focus on sentencing,

09:28.105 --> 09:30.925
you're just getting there too late in my opinion.

09:31.625 --> 09:33.205
So let's be a bit more positive

09:33.225 --> 09:36.245
and try to find, try to find a solution to that.

09:36.865 --> 09:37.965
We have implemented

09:37.965 --> 09:40.565
what we called independent investigation unit.

09:40.715 --> 09:43.925
Most provinces in Canada have them, where instead

09:43.925 --> 09:45.125
of having a police officer

09:45.195 --> 09:47.645
that investigates another police officer, you have

09:47.645 --> 09:48.885
that independent unit.

09:49.505 --> 09:51.205
So civilian investigators,

09:51.205 --> 09:53.445
sometimes police officer are within the ranks,

09:53.445 --> 09:57.325
but let's say I want to denounce the Montreal Police, well,

09:57.325 --> 09:59.125
I don't, won't have to go to the Montreal Police,

09:59.255 --> 10:00.445
which was the case before.

10:00.985 --> 10:04.965
So this does increase a bit trust, but from my research

10:04.965 --> 10:06.925
and speaking with people involved in the area,

10:07.115 --> 10:10.845
they are telling me it might be difficult from lay people,

10:10.845 --> 10:14.205
people not informed of how the law works to distinguish

10:14.825 --> 10:19.405
an independent investigation unit from any other police unit

10:19.405 --> 10:22.565
because it, it works within the same legal apparatus.

10:22.785 --> 10:24.005
So this is one of the problems.

10:24.025 --> 10:26.605
And even when we have them, we have a low rate

10:26.605 --> 10:28.165
of conviction, which,

10:28.285 --> 10:29.485
I I I don't know if it's a

10:29.485 --> 10:31.045
perfect solution to, to be honest.

10:31.785 --> 10:35.045
Uh, other solution I think, are important not only

10:35.065 --> 10:37.565
for police sexual violence, but sexual violence in general.

10:37.865 --> 10:39.285
So we have some jurisdiction

10:39.345 --> 10:41.725
who implemented a case review model,

10:41.725 --> 10:45.405
which was also known as the Philadelphia case Review, where

10:45.415 --> 10:46.845
after police officer

10:47.065 --> 10:49.765
or independent investigator go through a case,

10:49.985 --> 10:51.165
you'll have a social worker

10:51.265 --> 10:53.725
or someone who's not convicted to the legal system

10:54.145 --> 10:55.965
who looks at this to make sure

10:55.965 --> 10:58.365
that if we reject a complaint, it's not unfounded.

10:58.705 --> 11:00.725
And because we have support from civil society,

11:00.725 --> 11:02.925
maybe we can increase confidence in the system.

11:04.375 --> 11:06.205
There is also better support

11:06.205 --> 11:08.405
through all the stages of interviews.

11:08.505 --> 11:10.685
So in Canada, some province will refuse

11:10.685 --> 11:12.645
that the victims be accompanied when she's being

11:12.645 --> 11:13.885
interviewed by police officer.

11:14.465 --> 11:17.285
And especially when you have indigenous women who,

11:17.755 --> 11:20.205
have cultural disconnection with the system, they are asking

11:20.225 --> 11:22.485
to have someone in the room just to support them,

11:22.865 --> 11:25.405
and not every jurisdiction currently permits it.

11:25.405 --> 11:26.965
So that is something that could be helpful.

11:27.755 --> 11:30.125
Another thing that could be helpful is to have,

11:30.225 --> 11:32.325
and that comes from a professor at University

11:32.325 --> 11:33.805
of Laval called, Fannie la,

11:34.185 --> 11:37.365
and she is saying, we need a one stop for victims because

11:37.365 --> 11:41.085
because police sexual violence can be something dealt

11:41.085 --> 11:42.685
with police ethics, civil course

11:42.805 --> 11:45.565
or criminal courts, if you ask a victim to go to all

11:45.565 --> 11:48.485
of these procedures, like you're exhausting that person

11:48.625 --> 11:51.565
and izing that person much more than it needs to be.

11:51.625 --> 11:54.725
So maybe having that one stop would be a good idea.

11:56.455 --> 12:00.635
As for, the trial we do have now in Quebec in

12:00.635 --> 12:03.955
particular, specific tribunals that deal only

12:04.025 --> 12:05.795
with sexual violence or domestic violence,

12:06.175 --> 12:08.835
and that are aimed at better education of the people

12:09.055 --> 12:11.635
who are working in these, in these tribunals

12:11.635 --> 12:13.395
to make sure there's no myth or stereotypes

12:13.395 --> 12:14.475
that are used in the reasoning

12:14.775 --> 12:18.315
and to support victim a bit more from the moment they report

12:18.465 --> 12:20.395
through the trial and through sentencing.

12:20.395 --> 12:22.635
So that is something that has been, seen

12:22.975 --> 12:25.475
and that I think might be a, a good idea.

12:25.475 --> 12:27.675
We don't have data on it now, it's too recent,

12:27.735 --> 12:31.035
but we, it is a promising, alternative

12:32.095 --> 12:33.315
as for sentencing.

12:33.495 --> 12:37.115
Um, we have a new decision by the Supreme Court of Canada

12:37.755 --> 12:39.795
freezing saying, in the case

12:39.795 --> 12:44.595
of sexual violence against children, we need to be more,

12:45.655 --> 12:48.955
not harsh, but we need to be, give longer sentences

12:49.175 --> 12:52.795
to really denounce that sexual violence is, is wrong

12:52.855 --> 12:54.435
and deter people from committing it.

12:55.055 --> 12:57.875
And, that decision has said social

12:58.435 --> 13:00.075
attitudes have changed towards sexual violence

13:00.215 --> 13:01.915
and sentencing must reflect that

13:02.385 --> 13:04.475
that was rendered in the very specific context

13:04.475 --> 13:05.995
of sexual violence against children.

13:06.295 --> 13:09.835
But it is a good message, I think, for victims showing

13:09.835 --> 13:10.995
that it is taken seriously

13:10.995 --> 13:15.595
and maybe it could expand beyond this very narrow, set

13:15.735 --> 13:17.955
of, of facts of sexual violence against children.

13:19.055 --> 13:23.515
My other point, for sentencing is that sentencing means

13:23.655 --> 13:26.395
to look at individual blame wariness.

13:27.205 --> 13:29.595
We're not looking at how the state contributing

13:30.055 --> 13:31.835
to the whole sexual violence problem.

13:32.255 --> 13:35.275
And when the sexual violence is rooted in police forces,

13:36.015 --> 13:37.715
the state is part of the problem.

13:38.375 --> 13:40.555
And we've seen a situation

13:40.555 --> 13:42.475
where police officers are just shuffle around

13:42.535 --> 13:45.755
so their change of position or, or town,

13:45.815 --> 13:48.275
but sexual violence in itself is not addressed.

13:48.335 --> 13:51.675
And if you permit your police, services to work

13:51.675 --> 13:53.555
that way, you are not encouraging,

13:53.555 --> 13:56.355
but at least endorsing some of the misconduct that happened.

13:57.455 --> 14:00.435
So I think that we need, an option at sentencing

14:00.435 --> 14:02.915
to recognize and denounce the role of the state.

14:03.365 --> 14:05.715
Where that will be more symbolic is something

14:05.715 --> 14:06.795
that needs to be discussed.

14:06.855 --> 14:10.835
We do have criminal law provision that can, prosecute

14:10.835 --> 14:13.235
and sentence an entity like a municipality

14:13.295 --> 14:16.755
or a police force, but so far it's mostly used in negligence

14:16.895 --> 14:19.275
and in the context of accident and in labor forces

14:19.775 --> 14:21.275
and not necessarily with things

14:21.435 --> 14:23.435
with an intention like sexual violence.

14:24.015 --> 14:27.035
The idea is that current provision are asking that

14:27.775 --> 14:31.155
senior officers knew that that was happening.

14:31.175 --> 14:32.435
So let's, I'm a senior officer.

14:33.015 --> 14:35.635
Um, I know that sexual violence is happening

14:36.255 --> 14:39.155
and also that that violence benefits the organization.

14:39.575 --> 14:41.155
So that is very difficult

14:41.615 --> 14:43.395
to argue in a case of sexual violence.

14:43.495 --> 14:45.675
But if we were to modify that benefit,

14:46.245 --> 14:49.675
maybe we could also address state blame within sentencing.

00:00 - Well, first good question. My interest in police sexual misconduct that I call misconduct or violence, so I'll use these term interchangeably, come from when I was actually doing my first law degree. I was in law school second a year,

00:12 - and we were talking about charter rights and the idea that the state can violate citizen rights and there should be a remedy. And at that same time, there was a report by Canadian media that women in, in the western western region of Quebec were being abused by police officers. And these allegations were mostly, against, the Quebec, a provincial police force and touch. Indigenous women were in some situation of vulnerability, mainly due to sex work, but also addictions.

00:42 - So it kind of happened at a time where I was interested in state wrongs and, and it, it evolved from there. And I've been doing that since almost 10 years now. So that's a bit more the context of why I'm doing that. And if I can speak to what police sexual violence is, it is, oftentimes we only think of police sexual assault. I think that is, the formation of criminal law. We see the worst, but we don't see the whole spectrum.

01:09 - So police sexual violence is any type of act where police officer will use the position of trust in authority that comes with law enforcement and misuse it to commit some kind of sexually violent act. And that can be a comment, that can be gender profiling. So we've seen a few cases of that mostly in the, the US where police officer will traffic stops, people who they find attractive. So like it puts people, under stress for, for no good reason.

01:36 - And it can go up to sexual harassment, dermatological false. And, and then to the most serious acts of, of sexual assault, sexual expectation, sexual extortion, all of these criminal offenses, criminalists have tried to put things into classification in categories going from contact with victims of crime, contact with accused or, again, contact initiated by citizen while a police officer is on duty, which is not necessarily something that should happen according to police ethics,

02:06 - but most of them emit. one of the most important forms of police sexual violence in Canada, which is police, sexual assault or police harassment against other police officers. So we've seen a lot of police women being in situation where they are consensually harassed, they're even sexually assaulted, raped, and they are still stuck in a system where they're supposed to be protecting the people, but they're also victims.

02:31 - So we've seen quite a few cases in Canada. We have a report against, the federal, rural Canadian mountain police that was rendered a few years ago. We have class action in Ontario, some in in Quebec. so there is a lot of stuff happening in terms of, of, police women being also victimized. The last point I'd like to make just in the context and definition is that a lot of victims are also in a situation of vulnerability. So We'll see a lot of victims who are intoxicated minor

03:02 - with disabilities or, in a situation where the legality of their condition is a bit contested. Migrants in the US sex worker in a lot of jurisdiction where sex work is criminalized, or even people who are them, some arrested for criminal offense, and then police sexual violence happens. So there is this idea that because of this enhanced vulnerability,

03:27 - they won't be credible or they think they won't be, they don't wanna denounce because they don't want their situation to be regular rights. So that, that is what police sexual violence is. Yeah. Thank you. well, first police sexual misconduct, as I said, is, is not necessarily sexual assault, but it is part of the criminal law framework. And in Canada, we now have sexual assault, which encompass rape,

03:47 - but also all sexual touching without the consent of someone else. So a bit more, encompassing the definition. So, in terms of police sexual assault, we'll be dealing with that provision of the criminal code that will apply to police officers, but anyone who commits this type of offense. And the three main points are there's an absence of consent. There's a touching, and that touching is sexual. So that sexual is defined as either through the regent,

04:15 - that is touched, the comments that accompany the gesture or a sexual gratification. So sexual gratification is not needed, but it can help you get to assault, to sexual assault. What I think is relevant in, in these definitions for police officer is the definition of consent, because we have two provision in the Canadian criminal code. The first is 2 65, subsection three saying that there is no consent when the complainant submit or does not resist.

04:44 - For two reasons I think that are important to highlight first threat or fear of threat. And second exercise of authority. So we have some cases where a police officer will show their firearm to the victim, and that, in my opinion, goes to the threat. So if you comply just because you are afraid of that force being used against you, you are in fact not consenting. And it is a sexual assault exercises of authority, it goes

05:08 - to that too, where the police officer will coerce you because of that position. So you have to ask yourself, if it had been someone else, would I have reacted the same way and did that position of authority was using the way to force me to do something I didn't want to. If that's the case against no consent. The third provision that really applies only to sexual assault because what I've just defined now is applicable

05:30 - to all forms of assault, but that excludes sexual assault. The second one is 2 73 0.12 C, sorry, like criminal law provisions are always a bit too complicated. And this is again, that consent won't be operative if it is given because of abuse of authority. So that really goes to the definition of giving of police sexual violence where someone misused their position

05:53 - to get something they want. Now the problem with that is that some cases we'll look at off duty police officer as not using a position of authority. My opinion of that is that it depends if you don't know that the person is a police officer, while they're not really misusing any authority, but we do have a lot of cases where the uniform was in the room or the victim knew they were a police officer.

06:17 - And I do think that when you use your position in that way, even if it's outside of your duties, it is still an exercise of authority that can appreciate consent at the very least. So there are a lot of barriers to persecution, to sexual violence in general. And I think that the, they are reproduce in case of police sexual violence. Some of them are just heightened because the person who is the aggressor is also part of the same legal system that's supposed to protect you.

06:42 - So the first in line, we have distrust of the system, in Canada and, and elsewhere around the globe, we've seen victims of sexual violence being distrustful of the system thinking that they, it didn't serve them well, and sometimes even re-traumatize them. So we have a, an excellent book in Canada written by Alan Kre saying that the victims go through two traumas. First, the sexual violence and second being forced by the criminal justice system to say all of this again

07:09 - to maybe not even have a conviction or, or sentencing. the second part that is relevant to police sexual violence is the fear of retaliation. So the idea that police officer might, might do something even worse to you or might intimidate you. And unfortunately we have case of intimidation even in the courtroom during trial where there was a case from from Quebec Bedu where a police officer was at trial,

07:33 - there were colleagues supporting him, and at recess they formed kind of a barrier near the victim, and she was really in a situation distress that was addressed by the court. But it still, if it victims know that this can happen or has happened, it just really heightened the fear of retaliation and intimidation. The other part that I think is important, and and I I won't be able to name all of them, so I'll focus on them that are really important

07:58 - to police sexual violence, is that a lot of women are themself part of police forces when that happens and they fear the impact on their career, they fear they won't be taken seriously or they fear that there is kind of a boys club where a male police officer will support each other and they will be the one suffering. So they prefer to stay silent and continue raising in the rank, perhaps with the hope that if they rise in rank, they'll have a position

08:22 - of power in which they can change thing. But we have seen cases where police officers just decide, I won't go through this, even if they know that an illegal act has happened because they have the legal knowledge to know that. last point I think is credibility. a lot of victims and that is supported by the literature believe that they won't be seen as credible because I've said it. They are in a situation of vulnerability sometime

08:48 - illegality, and then they're being asked to testify against a police officer who is part of the system and represents the law. So that is one of the other problems that may lead to underreporting of police sexual violence. And I just realized that I forgot to speak of the sentencing framework. And the reason is very few cases get charged and very few cases get sentenced. So we have data from 2022 in Ontario where one point 59% is

09:15 - of case worth charge or sentence. So it's very like the tip of the iceberg, and there's much wrong much that goes wrong before you get to sentencing. So I do prefer to focus on other areas because if you focus on sentencing, you're just getting there too late in my opinion. So let's be a bit more positive and try to find, try to find a solution to that. We have implemented

09:37 - what we called independent investigation unit. Most provinces in Canada have them, where instead of having a police officer that investigates another police officer, you have that independent unit. So civilian investigators, sometimes police officer are within the ranks, but let's say I want to denounce the Montreal Police, well, I don't, won't have to go to the Montreal Police, which was the case before.

10:00 - So this does increase a bit trust, but from my research and speaking with people involved in the area, they are telling me it might be difficult from lay people, people not informed of how the law works to distinguish an independent investigation unit from any other police unit because it, it works within the same legal apparatus. So this is one of the problems. And even when we have them, we have a low rate of conviction, which, I I I don't know if it's a

10:29 - perfect solution to, to be honest. other solution I think, are important not only for police sexual violence, but sexual violence in general. So we have some jurisdiction who implemented a case review model, which was also known as the Philadelphia case Review, where after police officer or independent investigator go through a case, you'll have a social worker or someone who's not convicted to the legal system

10:54 - who looks at this to make sure that if we reject a complaint, it's not unfounded. And because we have support from civil society, maybe we can increase confidence in the system. There is also better support through all the stages of interviews. So in Canada, some province will refuse that the victims be accompanied when she's being interviewed by police officer. And especially when you have indigenous women who,

11:17 - have cultural disconnection with the system, they are asking to have someone in the room just to support them, and not every jurisdiction currently permits it. So that is something that could be helpful. Another thing that could be helpful is to have, and that comes from a professor at University of Laval called, Fannie la, and she is saying, we need a one stop for victims because because police sexual violence can be something dealt with police ethics, civil course

11:42 - or criminal courts, if you ask a victim to go to all of these procedures, like you're exhausting that person and izing that person much more than it needs to be. So maybe having that one stop would be a good idea. As for, the trial we do have now in Quebec in particular, specific tribunals that deal only with sexual violence or domestic violence, and that are aimed at better education of the people who are working in these, in these tribunals to make sure there's no myth or stereotypes

12:13 - that are used in the reasoning and to support victim a bit more from the moment they report through the trial and through sentencing. So that is something that has been, seen and that I think might be a, a good idea. We don't have data on it now, it's too recent, but we, it is a promising, alternative as for sentencing. we have a new decision by the Supreme Court of Canada freezing saying, in the case

12:39 - of sexual violence against children, we need to be more, not harsh, but we need to be, give longer sentences to really denounce that sexual violence is, is wrong and deter people from committing it. And, that decision has said social attitudes have changed towards sexual violence and sentencing must reflect that that was rendered in the very specific context of sexual violence against children. But it is a good message, I think, for victims showing

13:09 - that it is taken seriously and maybe it could expand beyond this very narrow, set of, of facts of sexual violence against children. My other point, for sentencing is that sentencing means to look at individual blame wariness. We're not looking at how the state contributing to the whole sexual violence problem. And when the sexual violence is rooted in police forces, the state is part of the problem. And we've seen a situation

13:40 - where police officers are just shuffle around so their change of position or, or town, but sexual violence in itself is not addressed. And if you permit your police, services to work that way, you are not encouraging, but at least endorsing some of the misconduct that happened. So I think that we need, an option at sentencing to recognize and denounce the role of the state. Where that will be more symbolic is something that needs to be discussed.

14:06 - We do have criminal law provision that can, prosecute and sentence an entity like a municipality or a police force, but so far it's mostly used in negligence and in the context of accident and in labor forces and not necessarily with things with an intention like sexual violence. The idea is that current provision are asking that senior officers knew that that was happening. So let's, I'm a senior officer. I know that sexual violence is happening

14:36 - and also that that violence benefits the organization. So that is very difficult to argue in a case of sexual violence. But if we were to modify that benefit, maybe we could also address state blame within sentencing.

Faculti AI can make mistakes