'Wrong message' in police warning about drugged drinks, says lawyer

A St. John's lawyer who has represented sexual abuse victims agrees that police sent the wrong message through language used in a public safety advisory about drugged drinks in downtown bars.

• RNC investigates 3 reports in 2 weeks of possible drugging, sexual assault
• Women report being drugged, sexually assaulted in downtown St. John's

"Part of the police message was don't be a victim, and I think the implication in that statement is that the victim has control over whether or not she is a victim, and I think that's a very false statement," Lynn Moore told CBC Television's Here and Now.

The Royal Newfoundland Constabulary issued an advisory on Tuesday, after it received three complaints in two weeks from women who felt that a drug might have been slipped into their drinks while they were socializing downtown.

The women also told police they may have been sexually assaulted.

Moore said the RNC had a legal duty to issue a warning.

While she agrees that the public needs to know about the risk, Moore objects to the advice that women should cover their drinks and go out in groups, saying that suggests victims have control when they don't.

"We're seeing a lot of rape culture in our criminal justice system," said Moore. "I think we're seeing questions asked about the behavior of the victim."

She referred to a decision by Alberta judge Robin Camp in 2014, when he asked a 19-year-old woman "Why couldn't you just keep your knees together?"

Another 2011 case in Manitoba saw Justice Robert Dewar describe a man convicted of sexual assault as 'a clumsy Don Juan.' 

"He referenced the fact that the victim had been wearing a tube top," said Moore.

• Federal Court judge under review for berating sex assault complainant
• 'Clumsy Don Juan' convicted in controversial sexual assault case loses appeal

Bars obligated to protect customers

RNC Sgt. Colin McNeil said Wednesday, in response to complaints from the St. John's Status of Women Council, that police acted in the interest of public safety.

"This is a crime, a very serious crime, and the perpetrator is the person responsible here. At no time are we placing any blame on the victim," he told reporters at a news briefing.

Moore said police should ask men to keep an eye out for suspicious behavior in bars, and remind clubs of their responsibilities.

"I would like them to say 'Bar owners, you have a legal obligation to protect your patrons'," said Moore.

"The common law requires that they take care of the people that they're profiting from."

While the RNC did not specify that only women were at risk, it did say that the three complaints came from women.

Moore said most sexual assault victims are women, and that statistics show one-in-four will be assaulted, and only one per cent of that results in a conviction.

"If the object of the [criminal justice] system is to protect men from sexual assault convictions, then it's working great," said Moore.