'Tragic' that sex assault case file lost twice, then thrown out due to court delays: counsellor

A Winnipeg counsellor says thejustice system sent the wrong messageto sex assault survivors by staying charges against a man accused of sexually assaulting the daughter of his common-law partner.

On Tuesday, charges were stayed in a case that alleged theman had sexually abused the girl from the time she was six until she was 12. He had also been charged with uttering threats toward the girl.Defence lawyers argued the case took too long to get to trial.

"The message that comes across is that it's not taken seriously. And I don't understand how survivors are supposed to have faith in a system that doesn't bring them due process," said Mandy Fraser at KlinicCommunity Health.

• Man accused of sexually assaulting child walks free due to court delays

Fraser says the process of reporting an assault and following it through the justice system can be re-traumatizing for a victim, butnot getting resolution can also be traumatic.

"When people make that choice, they're not doing it for nothing. They are hoping to find justice and healing and when they are not even given the opportunity to do that, I can only imagine the impact that that would have on individuals," she said.

The case was not only affected by lengthy court delays, but was lost in the police system twice.

The report was initially made in 2006, when the victim was 16. In 2007 police pursued an arrest warrant for the man, but the file got lost in the computer system, and wasn't found again until June 2013, when another officer was searching the police database on the accused regarding a different matter.

Charges were authorized at that time, but RCMP never saw the arrest warrant for another two years, when the man complained he'd been assaulted.

A Supreme Court ruling last year set a limit of 30 months from the time charges are laid to when the trial wraps up. In this case, that would have surpassed 44 months.

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Fraser says the court delays are frustrating, but the delays in getting the man arrested and into the court system are also puzzling.

"I think it's a tragedy that because of protocol and procedure and not dotting the i's and crossing the t's that something this big gets thrown out," said Fraser.

Justice Minister Heather Stefanson said in a statement that the Crown Attorney's office will be reviewing the decision to determine whether the matter will be appealed, and that she couldn't comment on the case while the appealprocess is before the courts.

An appeal can be filed within 30 days.

Stefansonsaid jurisdictions across Canada are grappling with the impact of the Supreme Court decision and trying to find ways to address delays in the system.

"Our government is in the midst of a review of the criminal justice system, which includes looking at delay issues to ensure that all Manitobans have timely, effective and efficient access to justice," said Stefanson.

Other sex assault survivors impacted by decision

Fraser said when sex assault survivors hear about cases like this it can be disheartening. She said many survivors hesitate to come forward because they fear nothing will come of it.

"Would you feel important? Would you feel like your experience mattered to people?" said Fraser.

Fraser says sex assault survivors are often re-victimized by the legal process and that the feelings of powerlessness and helplessness that they experienced from the assault are repeated as they go through the justice system.

"I had said that it was like a scab that was being ripped off repeatedly, and that actually doesn't do it justice, it's actually more soul-crushing."

Fraser encourages survivors to surround themselves with support and encourages them to reach out through the Klinic crisis line at 204-786-8686.