Hamilton police will reopen 'unfounded' sexual assault cases if the victims ask - Action News
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Hamilton

Hamilton police will reopen 'unfounded' sexual assault cases if the victims ask

Hamilton police are willing to reopen historic sexual assault cases from 2010 to present day in light of a new community review showing 70 per cent of "unfounded" cases reached inaccurate conclusions.
Lenore Lukasik-Foss from the Sexual Assault Centre of Hamilton and Area, Diana Tikasz from the Hamilton Health Sciences sexual assault/domestic violence centre and Insp. Dave Hennick discuss the results of a community review of sexual assault cases coded as "unfounded." (Samantha Craggs/CBC)

Hamilton police are willing to reopen historic sexual assault casesfrom 2010 to present day in light of a new community review showinginvestigators reached inaccurate conclusions in 70 per cent of "unfounded" cases.

In welcoming the move, announced by the service Thursday,police board meetingMadeleine Levy said it distressed her to think perpetrators might have walked free and attacked someone else.

She apologized at the board's meeting Thursday to any of the people involved in thefalse unfounded cases.

"I apologize," she said. "I am truly sorry the systemfailed you."

Contact police

Chief Eric Girt says any victims who believe investigators reached an improper conclusion in their cases can contact Det. Sgt. Dave Dunbar.

Police won't contact them, he said. Victims may be indifferentstages of healing and not want the case to be reopened.

"We would not reopen them wholesale without consulting the victims," he said at theboard meeting.

"We will leave it open to anyone who does want (the investigation reopened) to certainly contact police."

But Girt said the service is worried about restoring public trust.

The move comes after an extensive 18-month review of cases deemed to be"unfounded."

Two reviews; different conclusions

Police did an internal review of about 700 filesfrom 2010 to 2014, whichfound 75.1 per cent of unfounded cases were properly cleared.

More pointed, however, was a review by a new sexual assault community review team (SACRT), which did a deeper dive into someof the cases. That included watching hours of video interviews.

That review found 70 per cent of unfounded cases should not have been ruled as such.Reasons included investigators relying on rape myths, giving greater weight to the suspect's story, and using interrogation tactics on victims, among other elements.

The SACRT will continue to meetfour times per year now to review a random sampling of unfounded cases. That team includes people who work in victims services and at the Sexual Assault Centre of Hamilton and Area.

Record number of sex assault cases this year

The report also included recommendations such as a new program where victim services workers meet with victimsfirst. That six-month pilot project began in September. It also recommended training for officers to understand neurological responses to sexual assault, and that's been implemented.

It also recommends adding two more officers to the overworked seven-member sexual assault unit. That unit will have575 cases by year's end, said Insp. Dave Hennick. That's a record number.

The review came after a Globe and Mail series published in 2017 showing Hamilton's rate of unfounded cases was higher than the national average. Hamilton's rate was 30 per cent compared to 19 per cent across Canada.

While several police forces quickly announced they would do internal reviews inresponse to the story, Hamilton policesaid its own internal numbers were different and a better gauge of how the service was doing.

One critic called the response an attempt to create a "PR smokescreen."

The matter made it to the police services board, a week later which ordered a review. At the time, Mayor Fred Eisenbergercalled it a" significant" issuethat set off "alarm bells."

Many board members at Thursday's meeting praised the serviceforthe review.

"You didn't try to cover it up," said Coun. Lloyd Ferguson. You didn't try to say 'nope, we're doing things fine.' You recognized that things have to change and you came back with some excellent recommendations."

LenoreLukasik-Foss, who was part of the community review, previously told CBCthatat times, what she saw in thefiles and videosmade her angry.

"All of us were at some point," she said. "All of thefolks on the team had moments where it was really difficult to understand what had happened to this woman, this victim."