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Lethbridge Police release results of “unfounded” sexual assault review

Feb 1, 2018 | 1:57 PM

LETHBRIDGE – Police have conducted their own review of reported sexual assaults in the city, in response to a Globe and Mail article in early 2017.

The 20-month long news investigation with files from 870 police forces across the country from 2010 to 2014, concluded that on average, police dismiss one in five sexual assault claims as baseless.

It’s not clear if Lethbridge Police Service files were included in the investigation.

According to the data, in some provinces like New Brunswick, nearly one in three, or 32-per cent of reported cases of sexual assault were dismissed.

Alberta came in at 18-per cent, while the lowest number went to B.C. with 11-per cent of reported sexual assault cases dismissed.

During a Police Commission presentation Wednesday (Jan.31), Sgt. Ryan Stef told the commission he was instructed to conduct an independent review of the types of sexual assault claims, and to review the numbers of “unfounded” cases in 2015 and 2016.

“We wanted to make sure we were doing our job properly, so we took the opportunity to review files from 2015 and 2016 and make sure those files were completed correctly. If anything further needed to be done, we would look into that, and to make sure that our stats were in the appropriate places.”

According to information provided by Stef at the meeting, an “unfounded” sexual assault complaint is one where an investigation has determined there was no crime or violation that occurred or was attempted.

Stef explained that for the most part, the cases reported in 2015 and 2016 were classified correctly, with a few exceptions.

“There were several unfounded files that I determined were not unfounded. They were in fact, either unsubstantiated or should have been cleared. There was one file that should have been cleared as the complainant declined to press any charges.”

An “unsubstantiated” case occurs when a sexual violation is reported, but police are unable to confirm its validity. Basically, police can’t prove it didn’t occur, but they can’t prove it did either.

“Sexual assault files are very difficult to investigate,” explained Stef. “There is a high number of these files that are simply a victim or a complainant and a subject or accused. There’s no other witnesses, there’s no other evidence, there’s no other video surveillance… it’s only two people. And one person would possibly say they were sexually assaulted and the other person would say no, that’s not the case.

“And so, our issue would be consent – as to whether or not there was consent to a sexual activity or not. And without any evidence to the contrary to or supporting consent, it’s just one word against another word, and that’s not enough in the court of law for a charge to be able to be processed.”

According to LPS numbers, in 2015, there were 133 reported cases of sexual assault. 24 were cleared, 13 were unfounded, 82 unsubstantiated, and 14 were classified as “other,” meaning they are still being investigated, are unsolved, the subject died, or someone declined to lay charges.

In 2016, there were 139 reported cases of sexual assault. Of those, 39 were cleared, 17 were unfounded, 66 unsubstantiated and 17 classified as other.

The 2017 numbers have not been completely reviewed yet.