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'Left in the dark': Sex-assault victim pushes for more transparency

'If I am able to get my health records from my doctor through Medeo and track my TEMU order, why can’t I track my sexual assault evidence kit?' asks Barrie woman
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It’s been more than four years since Colleen was sexually assaulted, but the trauma she experienced — both as a result of the assault and attempting to navigate the criminal justice system — has left her determined to help others.

Colleen told BarrieToday, an affiliate of BradfordToday and InnisfilToday, she was drugged and sexually assaulted in May 2020.

“I woke up in pain from being sexually assaulted. I got myself to safety and went to the RVH (Royal Victoria Regional Health Centre) to have a sexual assault evidence kit (SAEK) done,” she said.

After being admitted to the emergency department, Colleen says she waited nearly two hours before being directed to Orillia Soldiers' Memorial Hospital (OSMH), where she was met with a nurse specially trained to perform the SAEK. 

According to Ontario Network of Sexual Assault and Domestic Violence Treatment Centres website, there are currently 37 treatment centres across Ontario dedicated to providing comprehensive, trauma-specific care and treatment to victims/survivors of sexual and domestic violence.

One of those centres is the Regional Sexual and Domestic Assault Treatment Centre for Simcoe County and Muskoka at OSMH, where specially trained nurses and doctors provide emergency medical care and treatment options to victims of sexual and domestic assault. 

“The SAEK contained a numerous amount of swaps, blood, urine and my underwear. Everything in a sexual assault evidence kit is extremely detailed, right down to the time that each piece of evidence was collected from the victim," Colleen said. "I reported to (Barrie) police and signed a release form for them to collect my SAEK from OSMH."

While awaiting a trial date to be set, she says she sought other help for herself through Athena's Sexual Assault Counselling & Advocacy Centre, victim services and attended therapy on a regular basis. 

Colleen says she waited 52 months for a trial date to be set, adding it wasn’t until the judgment that she learned her SAEK was not submitted in its entirety.

“Only my urine from my SAEK was submitted to the judge and he didn't hear anything about any other samples or swabs,” she said.

Since then, she has learned her SAEK spent nearly three months at local police headquarters before being sent to the Centre of Forensic Sciences in Toronto, and was ultimately shocked to learn that she could not track or even access the results of her own kit.

“Canada is lacking in transparency for victims, and lack of accountability for the government agencies handling such deeply personal information and evidence of sexual assault crimes," she said. 

Currently, she explained, there is no system in place in Canada that allows a victim to track their own kit to know its status.

“In the U.S., there are 25 states that have already implemented a system for victims and survivors to track their sexual assault evidence kit," Colleen added. "There’s already something out there that exists. If I am able to get my health records from my doctor through Medeo and track my TEMU order, why can’t I track my sexual assault evidence kit?”

As a result of her own experience, and in an effort to ensure future victims don’t have to go through what she experience, the Barrie resident has launched two separate online petitions: one for the implementation of traceable sexual assault evidence kits in Canada and the second to establish a sexual assault clinic at RVH.

She hopes to push the government to make SAEKs traceable, which will not only give the survivor victim the choice to track the progress of the evidence, but also know the inventory, know the status of their SAEK, as well as to provide more transparency and accountability for the government agencies who handle the sensitive evidence. 

“If disclosure is given to the perpetrator," she said, "why isn't it given to the victim of the crime?”

Colleen noted that victims of sexual assault crimes often find it difficult to access this procedure and help when reporting their assault.

“Having an implementation of traceable kits for survivors will allow for a victim to feel safe to report and peace of mind that the evidence will be handled properly with transparency and more accountability for the individuals who handle it," she said. 

Colleen is hoping the petitions, which to date have received more than 15,000 signatures combined, will help prompt needed change — not just for herself but also for other survivors and victims who may be too scared to speak up, lack the information involving the case if it was reported or simply don't know what questions to ask and where to look for answers. 

“When it comes to sexual assault, time is of the essence to collect evidence," she said. "Plus, people deserve to have care close to home. Barrie serves a big area … not just Barrie. To ask someone to drive to Orillia … that's far away … and not everyone has a vehicle. You deserve to have compassionate care at home when you’ve experienced something like this.”

Seeing how quickly the petitions gained momentum has been overwhelming, Colleen said, but she’s hopeful that they can help prompt positive change moving forward.

“I don't want anyone to feel or have to go through what I am currently. Navigating the justice system and its corridors is daunting and distressing, something a victim should never have to do,” she said. “There should be transparency when you’re a victim, (but) you’re very much left in the dark.”