Ava Williams, a former student at the University of Western Ontario, has initiated civil litigation against Detective Paul Gambriel and the London Police Services Board over a sexual assault allegation which was dismissed as “unfounded,” the Globe and Mail reports. The lawsuit alleges that the detective’s decision was based on myths and stereotypes; that “the LPS handling of sexual assault claims reveals a pattern of discriminatory conduct and attitudes against victims of sexual assault”; and that Williams was subject to discrimination based on her gender.
In addition to monetary damages, Williams’s civil litigation claim includes a unique request: that the London Police Service institutes the “Philadelphia Model,” a widely acclaimed external review process for sex assault cases.
Under the Philadelphia Model, the City of Philadelphia invites a group of representatives from the city’s Women’s Law Project to examine and review the police service’s sexual assault files once every year. The model was adopted in Philadelphia in 2000. Since then, the rate of sexual assault complaints deemed unfounded has fallen from a high of 18 per cent to around 4 per cent.
Williams, who is now studying law, believes that civil litigation may be the only means of achieving change in Canadian policing practices.
“This will keep happening if not addressed within the legal system,” Williams told the Globe. “I don’t have the utmost faith in internal police reviews. While I think they’re well intentioned, I think there needs to be some sort of outside entity involved.”
Her skepticism is well warranted. The London Police Service launched an investigation into the handling of her case, but ultimately decided Detective Gambriel’s actions did not constitute misconduct. Her case is not an outlier: around 30 per cent of all sexual assault complaints to the LPS are dismissed as unfounded, compared to just 2 per cent of physical assault investigations. Williams’s claim states that “these statistics are a clear sign of the operation of discriminatory practices, based on rape myths, in determining whether sexual assault cases are worthy of further attention.”
While Williams’s case is directed at the London Police Service, it could have province- or nation-wide implications.
“If it was litigated all the way up to the Supreme Court of Canada and the Supreme Court concluded that there was a constitutional obligation on the part of the police to adopt the Philadelphia Model, that would have massive ramifications for police services – that’s shooting for the stars,” Dalhousie University law professor Elaine Craig told the Globe. “But I think just bringing a claim of this sort is groundbreaking, regardless of the outcome because … it’s framing the issue as a matter of constitutionality – as a fundamental right.”
If you have questions about this case or are considering initiating a civil suit of your own, contact the civil litigation lawyers at Nanda & Associate today. Our team has the knowledge and experience to achieve meaningful results for our clients.
