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If you are sexually assaulted, it’s a gamble your hospital will be able to collect evidence, Sudbury study finds

Study from Sudbury-based survivors advocacy group found nearly half of Canadian hospitals surveyed did not have sexual assault evidence kits, leaving survivors who want to pursue a criminal case out in the cold

**Content Warning: The following report and article may be disturbing to some readers. Please exercise caution if you identify as a survivor of sexual assault.**

(Author’s note: though both ‘victim’ and ‘survivor’ are applicable, ‘survivor’ is used within this context. ‘Victim’ is often used when referring to someone who has recently been affected by sexual violence, when discussing a particular crime, or when referring to aspects of the criminal justice system. ‘Survivor’ is used to refer to someone who has gone through the recovery process, or when discussing the short- or long-term effects of sexual violence.)

One year ago, She Matters, a group based in Sudbury but striving for global reach, began a study into the availability of Sexual Assault Evidence Kits (SAEK) in Canadian hospitals, which, much as the name suggests, are used to collect and preserve evidence of sexual assault. 

The report on that study was released today, called Silenced: Canada’s Sexual Assault Evidence Kit Accessibility Crisis.

What they found was startling.

The key findings of the report reveal assault survivors searching fruitlessly for kits and if they do find a kit, they may need to be prepared to travel long distances to find someone to administer it, perhaps with an RCMP officer right outside the door.

The report found that in Canada, “41 per cent of hospitals and health centres reached by She Matters throughout the course of the Sexual Assault Kit Accessibility study stated they did not have sexual assault kits available to survivors.”

That number is slightly less in Ontario, 39 per cent, but the report adds, “Findings uncovered a range of issues related to SAEK accessibility in the province. A few noteworthy findings included a significant number of municipalities with populations over 70,000 people without a single SAEK kit in its boundaries, hospitals routinely referring She Matters volunteers to hospitals which callers later determined also did not have SAEKs and a number of hospitals with SAEK services wanting kits to be available at all hospitals as those with (kits) are bearing the workload of several municipalities.”

And while surprising, Northern Ontario was considered good, even with its enormous geographic coverage. However, “given the distance between municipalities, there are cases where survivors would have to drive one to three hours for access.”

The report notes the longest distance as Wawa to Sault Ste. Marie, a distance of 227 kilometres “or 2 hours, 30 minutes by car, four hours by bus.” 

Provincewide, there are 148 hospitals. How many of those hospitals have SAE kits? Just 91, meaning 57 hospitals don’t. You can view a map of SAE kit availability in Ontario here.

What this means for survivors who would like to pursue criminal charges, it is a crap shoot whether they can have evidence of their sexual assault collected and preserved as evidence. 

That doesn’t sit right with Jacqueline Villeneuve, executive director of She Matters and a survivor herself.

“The layers and layers of retraumatization that a survivor has to go through when they're told, after having the courage to go in that, ‘I'm sorry, we don't have that here,’ it's tragic,” Villeneuve told Sudbury.com. “That over the last how many years we have thousands, if not millions, of survivors who have had to go in and be told ‘No, you can't get that done here.’ 

“And now it's up to you whether or not you want to spend hours driving when you're already traumatized, to another facility.”

The report also found other barriers. Not only is there a need for more kits, but also for doctors and nurses who can administer them, stating that medical training for administering these tests is not a part of regular training. Not only that, administering SAE kits usually requires medical practitioners to take an additional course, on the weekend, at their own expense.

Even a secured storage area, needed to hold evidence securely and properly after collection, was rarely found.

What exactly is an SAE kit?

So, what is a Sexual Assault Evidence Kit and why is the lack of them an issue? Well, more numbers for you and more startling numbers, at that.

Women and girls between the ages of 15 and 24 represent the highest population affected by sexual assault. It’s estimated that 11 million people have been physically or sexually assaulted since the age of 15.

But for all those people, 91 per cent do not report their assault. That might be because of the next number, three per cent. 

“Only three per cent of sexual assault cases in Canada currently results in a conviction,” said Villeneuve. “And we also know that 91 per cent of survivors at this time do not trust the justice system enough to report their cases.”

Within the justice system, the evidence collected by these kits is integral to a conviction for sexual assault. That’s why access to SAE kits and access to medical professionals who are sensitive, trauma-informed and have the training to administer the tests properly is paramount. 

The SAEK contains a series of documents, swabs, evidence bags and photography tools to be used by a medical professional during the sexual assault examination process. The kit also includes forms, checklists and documentation pages for the survivor’s account of the ordeal. 

If SAE kit is not done properly, the evidence is corrupted, rendering it useless. If the medical professional is not sensitive to the emotional needs, to the trauma their patient has just endured, many survivors have described it as re-experiencing the assault. 

The study is simply a first step for She Matters, albeit an intensive and exhausting one. Not only because of the nature of the work, but also because the group is unfunded and made up of survivors themselves, who volunteer their time.

They plan to press forward and begin lobbying and pressuring government and agencies with a vested interest in justice, as well as advocating for survivors. 

Additionally, the report notes the Victim Bill of Rights Act, which received Royal Assent in 2015, provides survivors of sexual assault the right to information, the right to protection, the right to participation and the right to restitution. More information about a sexual assault survivors’ rights can be found within the report. 

She Matters also works directly with survivors to help them advocate for themselves, as well as helping them on their journey to healing from the trauma.

Villeneuve said she hopes what is taken from the report is a call to action, as well as the understanding that the issue with SAE kits is about justice.

“We have to call on the Canadian government to mandate sexual assault kits to ensure access to justice for survivors, regardless of their geographic location.” 

You can find the study, more information about She Matters and help for survivors on their website, SheMatters.ca.

SheMatters’ SAE kit study is being featured in an episode of the CTV news program W5, which will be airing on Saturday, Feb. 13.

Jenny Lamothe is a Local Journalism Reporter at Sudbury.com, covering issues in the Black, immigrant and Francophone communities. She is also a freelance writer and voice actor.

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Jenny Lamothe, Local Journalism Initiative Reporter

About the Author: Jenny Lamothe, Local Journalism Initiative Reporter

Jenny Lamothe is a Local Journalism Initiative reporter at Sudbury.com.
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