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Sexual assault investigation at Mount Saint Vincent University closed, no charges laid

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Sexual assault investigation at Mount Saint Vincent University closed, no charges laid
WATCH: Halifax Regional Police have closed an investigation into an alleged sexual assault at Mount Saint Vincent University without charges. Natasha Pace reports – Jan 19, 2018

Around 12:30 a.m. on Oct. 27, 2017, Halifax Regional Police say a 24-year-old woman was approached by a man outside Vinnie’s Pub on the Mount Saint Vincent University campus. It’s alleged the man pulled her into a wooded area off Seton Road and sexually assaulted her.

Nearly three months later, Global News has learned the investigation into the alleged assault has been closed without charges.

“There is absolutely no evidence to suggest that it was a false allegation,” said Const. Carol McIsaac.

READ: Halifax police investigating sexual assault at Mount Saint Vincent University campus

Man arrested on campus hours after assault, released without charges

The assault was reported to police about four hours after it was alleged to have occurred.

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By 9 a.m., on the same day, police had arrested a 19-year-old man at the Westwood Residence on campus. The man was not a student at the university but police have said he was staying at one of the residences.

The man was taken into custody and questioned for several hours. At the time, officers said they were not looking for any other suspects in connection with their investigation.

Ultimately, the man was released without any charges.

“It has just been determined that there was not enough evidence to go forward with charges against anybody,” said McIsaac.

WATCH: Halifax police arrest suspect in Mount Saint Vincent University sexual assault

Click to play video: '19-year-old arrested in connection with Mount Saint Vincent University sexual assault'
19-year-old arrested in connection with Mount Saint Vincent University sexual assault

Police won’t release details of case

The sexual assault investigation was quietly concluded in November.

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At the time of the alleged incident, forensic identification officers could be seen collecting evidence and using a metal detector to help process the area around Seton Road.

Police will not say what evidence is missing from their case — and will not speak about the victim, including whether or not she was co-operative with police.

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McIsaac says they can not get into details around the investigation in case the file is reopened in the future.

“If new evidence or information or witnesses come forward, a file can always be reopened,” said McIsaac.

“Of course, we consult with the victim to make sure that’s what her wishes are as well.”

READ: Still no charges in Mount Saint Vincent University sexual assault investigation

‘I feel it sets a precedent’

In Canada, sexual assault is one of the most underreported crimes to police. Even when an incident is reported, only a low number make their way through the criminal justice system, according to Statistics Canada.

A recent report found that of all sexual assaults reported to and substantiated by police from 2009 to 2014, less than half (43 per cent) resulted in a criminal charge being laid by police. Slightly over 1 in 10 (12 per cent) led to a criminal conviction over the six-year period that was examined.

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Carmella Farahbakhsh, the administrator/volunteer co-ordinator and educator at South House Sexual and Gender Resource Centre in Halifax is frustrated that the case at Mount Saint Vincent University (MSVU) was closed without charges being laid.

“I do feel frustrated about what this says to other people who are dealing with instances of sexualized violence in their life,” said Farahbakhsh. “I always feel nervous when there isn’t charges laid that other survivors will not bring their stories forward or feel confident that their stories will be heard.”

“I feel it sets a precedent,” she said.

“I also feel as though in processes of re-traumatization if you are a survivor and you realize that yet another case has not gone through a linear process in which you feel is just, I can only [imagine] how hard that would be. So, not only for people who are in present instances of navigating the reality of sexualized violence but people who have historical realities with sexualized violence.”

Farahbakhsh says only 41 per cent of sexual assault cases ever receive conviction rates.

“That is less than half and feels incredibly low,” she told Global News. “I think that that low conviction rate is inherently linked to low reporting rates.”

READ: Two Crown attorneys appointed to focus on N.S. sexual assault prosecutions

MSVU working to address sexual violence

For their part, Mount Saint Vincent University (MSVU) says sexual violence prevention is an issue they’ve been working to address and continue to focus on.

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In early November, school officials did a night-time walk about on campus with students to identify any areas needing lighting improvement.

Members of the Community Response Team of the Halifax Regional Police also conducted a “Crime Prevention Through Environmental Design” audit for the Mount campus. Recommendations from that audit, like signage improvement and foliage trimming, are being currently being implemented. Gillian Batten, a spokesperson for the university, says they also routinely cut back trees and shrubs along Seton Road for visibility.

READ MORE: Student leaders tackle consent, sexual assault during orientation

In the last few months, MSVU struck a university sexual violence prevention advisory committee to move forward on the prevention of and response to sexual violence. The committee includes students, faculty, staff, and a community representative from the Avalon Sexual Assault Centre. The committee has also created two working groups, one focused on a review of policy and the other on awareness, education and training.

This week, a campus-wide dialogue on sexual violence prevention was held for students, faculty and staff. Batten says the input gathered at the session is being shared with the sexual violence prevention advisory committee for review/action.

Man arrested not charged but banned from university campus 

Following the allegation of sexual assault, Mount Saint Vincent University applied under the Protection of Property Act to have him banned from campus.

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Although no charges have ever been laid against the individual, the university confirms that a 12-month order is currently in place.

This order prevents the man from being on the MSVU campus.

WATCH: Group sexual assaults more common than many believe: Halifax organization

Students working to combat rape culture

“The assault that took place on campus was a very visible one and I think that that can understandably leave the campus visibly shaken,” said Jennifer O’Keefe, a representative of Mount Saint Vincent Students’ Union.

O’Keefe says one in five women will be sexually assaulted while pursuing post-secondary education.

“It is very important to acknowledge that students have been aware that rape culture exists on campuses all across the world and I think that we’ve really been on the front line of fighting against rape culture,” she said.

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O’Keefe says the student union at MSVU is working to create a consent culture.

“Mount Saint Vincent University, we pride ourselves on being a part of the students’ movement and we do pride ourselves on being a school that really prioritizes women.”

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