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No Mounties disciplined after sexual assault victim arrested

In August, after a territorial judge slammed Yellowknife RCMP's decision to arrest a victim of sexual assault instead of taking her to the hospital, the force initiated a formal review into the handling of the May 2017 incident.

On Thursday, the same day the perpetrator of the sexual assault, 25-year-old Wade Kapakatoak, was sentenced to two years less a day followed by one-year probation, RCMP G Division says it's completed its internal review.

None of the officers involved in the victim's arrest received disciplinary measures, according to the release. The published findings of the report don't say how that decision was made or who made it.

"However, areas for improvement were identified and are so on an ongoing basis with these types of investigations," stated the Thursday's news release from RCMP.

Following Judge Garth Malakoe's scathing remarks in the summer , RCMP spokesperson Marie York-Condon stated "Our review is looking at how we applied our policy and training, the totality of the circumstance (what was known by responding officers, police authorities, medical assessment, etc.). We will also be looking at our interactions with the victim during and after and any support services offered."

RCMP say they won't discuss specifics related to the Kapakatoak's case, saying "we respect the victim of this file."

A camera affixed to the back of the Capital Theatre, pictured here, captured Wade Kapakatoak as he sexually assaulted an intoxicated woman in May of last year. After finding Kapakatoak guilty of the assault in August, a territorial judge admonished responding officers' decision to arrest the victim and hold her overnight instead of taking her to the hospital for a rape examination.
Brendan Burke/NNSL photo

But Thursday's release did shed light on how members make decisions "in relation to the options available at the time for persons involved with the police, including victims."

"The RCMP have a duty to provide a safe space for persons who have been involved in a criminal activity, victim of crime, or are unable to care for themselves.  These officers operate under a legal framework of authorities to take a person into custody. Officers who interact with these persons often have to make decisions on what type of care is available and how to access, and how to keep them safe."

The release goes on to say that if a person if under the influence, or an officer has a "concern for their safety and ability to care for themselves, the options are limited."

"While it is not the best solution, the cell environment (in the RCMP detachment) is sometimes the only option available in the circumstances.

"This action ensures the safety of the person and may prevent further occurrence or victimization.   There they are safe, warm and are continually monitored by staff. Our members work diligently to explore other options, and engage support partners in providing the services."

The force also stresses that victims of sexual assault must consent to receiving medical attention and rape kits. If there's no consent, "the examination in relation to sexual assault cannot take place."

"Additionally, if there are no observed injuries by officers, or the victim does not communicate any injuries, then medical treatment may not be sought."

Victims brought to cells who haven't consented to medical assessments are monitored closely, says RCMP, in the event a person changes their mind and provides consent.

Following Kapakatoak's conviction, RCMP said they'd be reserving further comment until he was sentenced. After now receiving two years less a day plus probation, Mounties state " justice for the victim was received and the accused was held accountable."

"“We recognize that victims do not belong in jail, however we must also ensure their safety, and sometimes cells is the only option," stated the RCMP release.

Insp. Alex Laporte, G Divison's top-boss as Officer in Charge, also weighed in Thursday.

"We are doing everything we can to create an environment where a sexual assault victim is cared for with the least amount of additional trauma in the interview process," stated Laporte.

"We continue to learn from our interactions with victims and members of the public.  We continually strive to improve the options available for care for our more vulnerable," continued Laporte.

"We will continue to work closely with our partner agencies in providing care services for the community."

Locally, RCMP say those efforts will translate to increased supervision of "high risk files."

"We have reinforced to our officers, to look for all options to ensure the safety of victims," stated the Mounties' release.

More quotes from Thursday's RCMP release

  • "Nationally, the RCMP have increased their training for sexual assault investigations.  We have taken action to strengthen police training and awareness, investigative accountability, victim support and public education and communication."
  • "This increased training and education comes in the form of Best Practices Guide for Sexual Assault Investigations, increased availability of internal on-line courses such as Consent Law and Common Sexual Assault Myths."
  • "We continue to engage our partners to improve the difficult experience victims go through when a sex assault examination has to be completed.  We work with our partner agencies during the process, striving to protect the dignity and respect of the individual as valuable evidence is collected to hold the accused accountable.  These processes, together with the referral to Victim Services provides the victim the opportunity to be supported by a Victim Services worker, should they wish to."
  • “The landscape in Yellowknife has changed quite significantly with support services being offered.  The social support initiatives now available fill a gap which existed for some time, providing officers more choices for some of the more vulnerable persons."