A subject of a newspaper report about the way police forces handle complaints of sexual assault is suing London police, claiming the way investigators approach such cases constitutes systemic discrimination.
The Globe and Mail‘s report said there are deep flaws in the way investigators treat sexual assault allegations.
In a lawsuit filed last Friday, Ava Williams — who has agreed to be identified — alleges police officers relied on myths related to rape and gender to evaluate and ultimately dismiss her case in 2010.
“I am bringing the claim to achieve justice for all sexual assault victims who have been discriminated by LPS, and to ensure that that LPS and other police agencies enact meaningful policies to combat systemic discrimination,” said Williams in a statement issued on Monday by the law firm Farris.
READ MORE: Victim featured in ‘unfounded’ report responds to London police apology
Williams says the detective who interviewed her after she was allegedly raped as a student suggested that she had, in fact, consented to sex, and repeatedly alluded to her drinking and to the fact she had kissed her alleged attacker earlier in the night.
She’s asking the court to order a panel of experts who will review how police forces investigate sexual assaults, review previous cases deemed unfounded, and is also asking for unspecified damages because her Charter rights were violated.
READ MORE: About 4,000 sex assault cases to be reviewed by OPP
Williams is being represented by Vancouver-based lawyers Joseph Arvay Q.C., Luciana Brasil, and David Wu. The law firm’s statement says more attention is being paid to the use of discriminatory rape myths in the criminal justice system, but “this will be the first case of its kind designed to prove that victims of such discriminatory conduct by the police are entitled to be awarded damages under the Charter of Rights and Freedoms.”
It goes on to say that her lawyers believe “a claim for damages is one way not only to compensate Ava for the harm she suffered, but to also vindicate her rights and to provide some measure of assurance that those violations will not occur in the future.”
The allegations in Williams’ statement of claim have not been proven in court and no statement of defence has yet been filed.
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