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Sandrine Ampleman-Tremblay provides an initial discussion in a Canadian context of police sexual misconduct based on case law and various specialized legal publications.

Image courtesy of interviewee. May 2, 2024

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This video video discusses the issue of police sexual misconduct, focusing on the speaker's personal journey and research in this area. The speaker's interest was sparked during their law studies when they learned about charter rights and a report detailing abuses by police officers against vulnerable women in Canada, particularly Indigenous women.

The speaker defines police sexual violence broadly, encompassing various acts beyond just sexual assault, including harassment, coercion, and exploitation of vulnerable individuals due to their position of authority. Survivors often face additional barriers to reporting, including distrust of the system, fear of retaliation, and concerns about their own credibility, especially if they belong to marginalized groups.

The talk describes systemic failures in addressing police sexual violence, including a low rate of charges, convictions, and the inadequate investigation processes, often handled by the police themselves rather than independent entities. The speaker advocates for improved support for victims, changes in police protocols, and the establishment of independent investigation units to create trust in the system.

Additionally, the text highlights the need for broader systemic reforms that acknowledge the role of the state in perpetuating these issues, suggesting legal changes that would hold police forces accountable and enhance victim support throughout legal processes. The speaker underlines that merely focusing on individual blame in sentencing misses the broader context where systemic issues must also be addressed.

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Here are some articles that share themes and topics similar to the video regarding police sexual misconduct, systemic issues within law enforcement, and the experiences of marginalized groups:

1. **"The Silent Epidemic: Combating Police Sexual Misconduct"** - This article examines the prevalence of sexual misconduct within police departments across various regions and highlights case studies of survivors who share their experiences. It calls for systemic reforms in police accountability and victim support.

2. **"Indigenous Women and Police Violence: A Call for Justice"** - This piece focuses specifically on the challenges faced by Indigenous women in Canada regarding police violence and misconduct. It discusses the cultural convideo, historical injustices, and the need for policies that protect vulnerable populations.

3. **"Barriers to Reporting: Understanding Police Sexual Assault"** - This article investigates the psychological and systemic barriers that survivors face when reporting police misconduct. It emphasizes the importance of building trust in law enforcement and implementing independent oversight.

4. **"Rethinking Accountability: Police Reform and Sexual Violence"** - This article critiques current police protocols and investigations surrounding sexual misconduct cases. It discusses the necessity for independent investigation bodies and offers recommendations for policy changes to promote accountability.

5. **"Systemic Injustice: The Intersection of Gender, Race, and Police Violence"** - This scholarly article explores how systemic racism and sexism impact the experiences of survivors of police violence, focusing on marginalized communities and advocating for legal reforms.

6. **"Voices from the Margins: Survivor Stories of Police Misconduct"** - This article compiles narratives from survivors of police sexual misconduct, aiming to shed light on their experiences and the societal factors that enable such behavior within law enforcement agencies.

7. **"Changing the Narrative: Victim Support and Police Misconduct"** - This article discusses the critical need for victim-centered approaches in dealing with police sexual violence, proposing strategies for reform and enhanced support mechanisms for survivors throughout the legal process.

These articles provide a broader convideo to the discussions of police sexual misconduct, the hardships faced by victims, particularly within marginalized communities, and the essential systemic reforms needed for accountability and justice.

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Well, first good question.

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My interest in police sexual misconduct

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that I call misconduct

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or violence, so I'll use these term interchangeably,

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come from when I was actually doing my first law degree.

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I was in law school second a year,

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and we were talking about charter rights

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and the idea that the state can violate citizen rights

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and there should be a remedy.

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And at that same time, there was a report by Canadian media

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that women in, in the western western region

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of Quebec were being abused by police officers.

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And these allegations were mostly, against, the

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Quebec, a provincial police force and touch.

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Indigenous women were in some situation of vulnerability,

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mainly due to sex work, but also addictions.

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So it kind of happened at a time

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where I was interested in state wrongs and,

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and it, it evolved from there.

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And I've been doing that since almost 10 years now.

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So that's a bit more the context of why I'm doing that.

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And if I can speak to what police sexual violence is,

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it is, oftentimes we only think

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of police sexual assault.

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I think that is, the formation of criminal law.

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We see the worst, but we don't see the whole spectrum.

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So police sexual violence is any type of act

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where police officer will use the position

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of trust in authority that comes with law enforcement

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and misuse it to commit some kind of sexually violent act.

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And that can be a comment, that can be gender profiling.

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So we've seen a few cases of that mostly in the, the US

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where police officer will traffic stops, people

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who they find attractive.

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So like it puts people, under stress for,

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for no good reason.

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And it can go up to sexual harassment, dermatological false.

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And, and then to the most serious acts of,

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of sexual assault, sexual expectation, sexual extortion, all

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of these criminal offenses, criminalists have tried

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to put things into classification in categories going from

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contact with victims of crime, contact with accused

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or, again, contact initiated

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by citizen while a police officer is on duty,

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which is not necessarily something

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that should happen according to police ethics,

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but most of them emit.

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Um, one of the most important forms

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of police sexual violence in Canada, which is police,

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sexual assault or police harassment against

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other police officers.

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So we've seen a lot of police women being in situation

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where they are consensually harassed,

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they're even sexually assaulted, raped,

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and they are still stuck in a system where they're supposed

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to be protecting the people, but they're also victims.

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So we've seen quite a few cases in Canada.

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We have a report against, the federal, rural

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Canadian mountain police that was rendered a few years ago.

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We have class action in Ontario, some in in Quebec.

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Uh, so there is a lot of stuff happening in terms of, of,

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police women being also victimized.

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The last point I'd like to make just in the context

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and definition is that a lot of victims

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are also in a situation of vulnerability. So

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We'll see a lot of victims who are intoxicated minor

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with disabilities

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or, in a situation where the legality

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of their condition is a bit contested.

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Migrants in the US sex worker in a lot of jurisdiction

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where sex work is criminalized,

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or even people who are them, some arrested

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for criminal offense, and then police

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sexual violence happens.

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So there is this idea that

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because of this enhanced vulnerability,

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they won't be credible

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or they think they won't be, they don't wanna denounce

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because they don't want their situation

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to be regular rights.

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So that, that is what police sexual violence is. Yeah.

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Thank you. Uh, well, first police sexual misconduct,

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as I said, is, is not necessarily sexual assault,

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but it is part of the criminal law framework.

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And in Canada, we now have sexual assault,

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which encompass rape,

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but also all sexual touching

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without the consent of someone else.

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So a bit more, encompassing the definition.

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So, in terms of police sexual assault, we'll be dealing

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with that provision of the criminal code that will apply

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to police officers,

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but anyone who commits this type of offense.

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And the three main points are there's an absence of consent.

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There's a touching, and that touching is sexual.

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So that sexual is defined as either through the regent,

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that is touched, the comments that accompany the gesture

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or a sexual gratification.

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So sexual gratification is not needed,

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but it can help you get to assault, to sexual assault.

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What I think is relevant in, in these definitions

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for police officer is the definition of consent,

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because we have two provision in the Canadian criminal code.

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The first is 2 65, subsection three saying

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that there is no consent when the complainant submit

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or does not resist.

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For two reasons I think that are important

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to highlight first threat or fear of threat.

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And second exercise of authority.

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So we have some cases where a police officer will show their

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firearm to the victim,

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and that, in my opinion, goes to the threat.

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So if you comply just

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because you are afraid of that force being used against you,

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you are in fact not consenting.

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And it is a sexual assault exercises of authority, it goes

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to that too, where the police officer will coerce you

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because of that position.

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So you have to ask yourself, if it had been someone else,

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would I have reacted the same way

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and did that position of authority was using the way

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to force me to do something I didn't want to.

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If that's the case against no consent.

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The third provision that really applies only

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to sexual assault

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because what I've just defined now is applicable

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to all forms of assault, but that excludes sexual assault.

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The second one is 2 73 0.12 C, sorry,

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like criminal law provisions are always

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a bit too complicated.

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And this is again,

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that consent won't be operative if it is given

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because of abuse of authority.

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So that really goes to the definition of giving

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of police sexual violence

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where someone misused their position

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to get something they want.

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Now the problem with that is

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that some cases we'll look at off duty police officer

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as not using a position of authority.

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My opinion of that is that it depends if you don't know

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that the person is a police officer,

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while they're not really misusing any authority,

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but we do have a lot of cases

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where the uniform was in the room

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or the victim knew they were a police officer.

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And I do think that when you use your position in that way,

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even if it's outside of your duties, it is still an exercise

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of authority that can appreciate consent at the very least.

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So there are a lot of barriers to persecution,

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to sexual violence in general.

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And I think that the, they are reproduce in case

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of police sexual violence.

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Some of them are just heightened

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because the person who is the aggressor is also part

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of the same legal system that's supposed to protect you.

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So the first in line, we have distrust of the system,

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in Canada and, and elsewhere around the globe,

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we've seen victims of sexual violence being distrustful

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of the system thinking that they, it didn't serve them well,

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and sometimes even re-traumatize them.

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So we have a, an excellent book in Canada written

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by Alan Kre saying that the victims go through two traumas.

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First, the sexual violence

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and second being forced by the criminal justice system

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to say all of this again

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to maybe not even have a conviction or, or sentencing.

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Uh, the second part that is relevant

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to police sexual violence is the fear of retaliation.

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So the idea that police officer might,

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might do something even worse to you

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or might intimidate you.

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And unfortunately we have case

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of intimidation even in the courtroom during trial

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where there was a case from from Quebec Bedu

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where a police officer was at trial,

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there were colleagues supporting him,

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and at recess they formed kind of a barrier near the victim,

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and she was really in a situation distress

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that was addressed by the court.

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But it still, if it victims know that this can happen

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or has happened, it just really heightened the fear

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of retaliation and intimidation.

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The other part that I think is important, and

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and I I won't be able to name all of them,

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so I'll focus on them that are really important

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to police sexual violence, is that a lot

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of women are themself part of police forces when

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that happens and they fear the impact on their career,

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they fear they won't be taken seriously

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or they fear that there is kind of a boys club

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where a male police officer will support each other

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and they will be the one suffering.

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So they prefer to stay silent

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and continue raising in the rank, perhaps with the hope

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that if they rise in rank, they'll have a position

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of power in which they can change thing.

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But we have seen cases where police officers just decide,

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I won't go through this, even if they know that

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an illegal act has happened

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because they have the legal knowledge to know that.

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Um, last point I think is credibility.

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Uh, a lot of victims and that is supported

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by the literature believe that they won't be seen

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as credible because I've said it.

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They are in a situation of vulnerability sometime

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illegality, and then they're being asked

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to testify against a police officer who is part

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of the system and represents the law.

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So that is one of the other problems that may lead

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to underreporting of police sexual violence.

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And I just realized that I forgot to speak

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of the sentencing framework.

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And the reason is very few cases get charged

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and very few cases get sentenced.

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So we have data from 2022 in Ontario where one point 59% is

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of case worth charge or sentence.

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So it's very like the tip of the iceberg,

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and there's much wrong much that goes wrong

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before you get to sentencing.

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So I do prefer to focus on other areas

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because if you focus on sentencing,

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you're just getting there too late in my opinion.

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So let's be a bit more positive

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and try to find, try to find a solution to that.

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We have implemented

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what we called independent investigation unit.

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Most provinces in Canada have them, where instead

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of having a police officer

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that investigates another police officer, you have

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that independent unit.

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So civilian investigators,

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sometimes police officer are within the ranks,

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but let's say I want to denounce the Montreal Police, well,

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I don't, won't have to go to the Montreal Police,

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which was the case before.

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So this does increase a bit trust, but from my research

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and speaking with people involved in the area,

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they are telling me it might be difficult from lay people,

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people not informed of how the law works to distinguish

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an independent investigation unit from any other police unit

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because it, it works within the same legal apparatus.

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So this is one of the problems.

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And even when we have them, we have a low rate

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of conviction, which,

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I I I don't know if it's a

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perfect solution to, to be honest.

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Uh, other solution I think, are important not only

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for police sexual violence, but sexual violence in general.

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So we have some jurisdiction

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who implemented a case review model,

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which was also known as the Philadelphia case Review, where

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after police officer

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or independent investigator go through a case,

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you'll have a social worker

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or someone who's not convicted to the legal system

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who looks at this to make sure

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that if we reject a complaint, it's not unfounded.

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And because we have support from civil society,

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maybe we can increase confidence in the system.

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There is also better support

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through all the stages of interviews.

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So in Canada, some province will refuse

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that the victims be accompanied when she's being

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interviewed by police officer.

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And especially when you have indigenous women who,

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have cultural disconnection with the system, they are asking

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to have someone in the room just to support them,

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and not every jurisdiction currently permits it.

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So that is something that could be helpful.

11:27.755 --> 11:30.125
Another thing that could be helpful is to have,

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and that comes from a professor at University

11:32.325 --> 11:33.805
of Laval called, Fannie la,

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and she is saying, we need a one stop for victims because

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because police sexual violence can be something dealt

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with police ethics, civil course

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or criminal courts, if you ask a victim to go to all

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of these procedures, like you're exhausting that person

11:48.625 --> 11:51.565
and izing that person much more than it needs to be.

11:51.625 --> 11:54.725
So maybe having that one stop would be a good idea.

11:56.455 --> 12:00.635
As for, the trial we do have now in Quebec in

12:00.635 --> 12:03.955
particular, specific tribunals that deal only

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with sexual violence or domestic violence,

12:06.175 --> 12:08.835
and that are aimed at better education of the people

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who are working in these, in these tribunals

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to make sure there's no myth or stereotypes

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that are used in the reasoning

12:14.775 --> 12:18.315
and to support victim a bit more from the moment they report

12:18.465 --> 12:20.395
through the trial and through sentencing.

12:20.395 --> 12:22.635
So that is something that has been, seen

12:22.975 --> 12:25.475
and that I think might be a, a good idea.

12:25.475 --> 12:27.675
We don't have data on it now, it's too recent,

12:27.735 --> 12:31.035
but we, it is a promising, alternative

12:32.095 --> 12:33.315
as for sentencing.

12:33.495 --> 12:37.115
Um, we have a new decision by the Supreme Court of Canada

12:37.755 --> 12:39.795
freezing saying, in the case

12:39.795 --> 12:44.595
of sexual violence against children, we need to be more,

12:45.655 --> 12:48.955
not harsh, but we need to be, give longer sentences

12:49.175 --> 12:52.795
to really denounce that sexual violence is, is wrong

12:52.855 --> 12:54.435
and deter people from committing it.

12:55.055 --> 12:57.875
And, that decision has said social

12:58.435 --> 13:00.075
attitudes have changed towards sexual violence

13:00.215 --> 13:01.915
and sentencing must reflect that

13:02.385 --> 13:04.475
that was rendered in the very specific context

13:04.475 --> 13:05.995
of sexual violence against children.

13:06.295 --> 13:09.835
But it is a good message, I think, for victims showing

13:09.835 --> 13:10.995
that it is taken seriously

13:10.995 --> 13:15.595
and maybe it could expand beyond this very narrow, set

13:15.735 --> 13:17.955
of, of facts of sexual violence against children.

13:19.055 --> 13:23.515
My other point, for sentencing is that sentencing means

13:23.655 --> 13:26.395
to look at individual blame wariness.

13:27.205 --> 13:29.595
We're not looking at how the state contributing

13:30.055 --> 13:31.835
to the whole sexual violence problem.

13:32.255 --> 13:35.275
And when the sexual violence is rooted in police forces,

13:36.015 --> 13:37.715
the state is part of the problem.

13:38.375 --> 13:40.555
And we've seen a situation

13:40.555 --> 13:42.475
where police officers are just shuffle around

13:42.535 --> 13:45.755
so their change of position or, or town,

13:45.815 --> 13:48.275
but sexual violence in itself is not addressed.

13:48.335 --> 13:51.675
And if you permit your police, services to work

13:51.675 --> 13:53.555
that way, you are not encouraging,

13:53.555 --> 13:56.355
but at least endorsing some of the misconduct that happened.

13:57.455 --> 14:00.435
So I think that we need, an option at sentencing

14:00.435 --> 14:02.915
to recognize and denounce the role of the state.

14:03.365 --> 14:05.715
Where that will be more symbolic is something

14:05.715 --> 14:06.795
that needs to be discussed.

14:06.855 --> 14:10.835
We do have criminal law provision that can, prosecute

14:10.835 --> 14:13.235
and sentence an entity like a municipality

14:13.295 --> 14:16.755
or a police force, but so far it's mostly used in negligence

14:16.895 --> 14:19.275
and in the context of accident and in labor forces

14:19.775 --> 14:21.275
and not necessarily with things

14:21.435 --> 14:23.435
with an intention like sexual violence.

14:24.015 --> 14:27.035
The idea is that current provision are asking that

14:27.775 --> 14:31.155
senior officers knew that that was happening.

14:31.175 --> 14:32.435
So let's, I'm a senior officer.

14:33.015 --> 14:35.635
Um, I know that sexual violence is happening

14:36.255 --> 14:39.155
and also that that violence benefits the organization.

14:39.575 --> 14:41.155
So that is very difficult

14:41.615 --> 14:43.395
to argue in a case of sexual violence.

14:43.495 --> 14:45.675
But if we were to modify that benefit,

14:46.245 --> 14:49.675
maybe we could also address state blame within sentencing.

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