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Sexual assault complainants say military shut down cases because the accused wouldn't talk
CBC
Two sexual assault complainants say they were denied a chance at justice when the Canadian Forces Provost Marshal closed their cases against senior military officers without laying charges — because the men accused of raping them declined to be interviewed.
In one of the cases, the complainant — a now-retired member of the Canadian Armed Forces (CAF) — said she was told that while investigators wanted to lay sexual assault charges, military prosecutors who reviewed the case recommended no charges because the complainant's testimony was the only evidence.
The second complainant — a still-serving CAF member — recently reported the closure of her case to the Military Police Complaints Commission (MPCC), a civilian oversight body.
"The [sergeant] stated that the case 'hinged on hearing from him that something happened,' indicating that because they did not compel the perpetrator to an interview that the case was not viable," her complaint reads.
"This does not make any sense to me whatsoever. I was sexually assaulted and now I am being told they can't lay charges because they haven't spoken to the perpetrator?"
Fearing career reprisals, the two complainants asked CBC News to keep their identities confidential; one complainant said she did not want to jeopardize any administrative action that could be taken against the accused. CBC has reviewed a series of documents and spoken to others whom the complainants informed about the allegations.
WATCH | Retired Canadian Armed Forces member disappointed with military justice system
Both women said they were stunned to learn that their cases were closed on the very same day — Nov. 4 — that Defence Minister Anita Anand announced that all ongoing military sexual misconduct cases would be transferred to civilian police to investigate.
The provost marshal told CBC News that nothing prevents military members from filing new complaints with civilian police services if military investigators decline to lay charges. The complainants say that amounts to military police passing the buck and forcing them to start from square one. "That is putting a responsibility on me, the victim of a crime, to do exactly what the CAF has been instructed to do by the minister of national defence," said one of the complainants.
The military is in the midst of an unprecedented sexual misconduct crisis. Since early February 2021, multiple current and former senior Canadian military leaders have been sidelined, investigated or forced into retirement from some of the most powerful and prestigious posts in the defence establishment.
Former Supreme Court justice Louise Arbour recommended at the end of October that the provost marshal "transfer to civilian police forces all allegations of sexual offences, including allegations currently under investigation by the CFNIS [Canadian Forces National Investigation Service], unless such investigation is near completion."
One of the complainants who spoke to CBC News said that she believes her case was closed that day to keep it from being transferred to civilian authorities "in an attempt to conceal the incompetent nature of the investigation."
She said she wonders how many other sexual misconduct cases in the military were closed around the same time.
The Canadian Forces Provost Marshal's office has said it's reviewing "each ongoing investigation to determine which cases are suitable for a transfer to a civilian police service."