Some students condemned Carleton’s statement of defence in the lawsuit, saying it placed blame on the victim ( Photo: Adam Dietrich )
A settlement has been reached in a lawsuit filed against Carleton by the victim of a sexual assault that took place on campus late on the night of Aug. 31, 2007.
According to an Aug. 14 press release made by the plaintiff’s lawyer, the victim —who is known to the public as Jane Doe — and the university had “reached an agreement” that was “satisfactory to all parties.”
“The process of litigation can be a painful one for victims, particularly when it becomes a matter of public interest,” the release read. “This case was no different. However . . . we do not believe that the university’s statement of defence in any way reflects an institutional belief that the plaintiff is to blame for the assault that took place.”
The suit was launched in December 2008, with Carleton filing its statement of defence two months later in February 2009.
Doe was seeking $535, 000 in damages for injuries suffered when, while working alone in an analytical research lab, she was brutally attacked by an unknown man.
In her statement of claim, Jane Doe said the university failed to take adequate measures -— such as having an adequate number security guards performing regular checks of the premises, and having door and tunnel entrances visibly monitored by cameras — to ensure the safety of students who “frequently worked late in the Steacie building in order to obtain access to the limited lab equipment.”
In addition to physical injuries — which included a fractured jaw and cheekbone, a dislocated shoulder, a broken tooth and bruising — the damages were also sought for mental suffering, psychological harm, out-of-pocket expenses and future loss of income.
The case remains unsolved and no arrests have been made.
In its statement of defence Carleton maintained that it had “acted in a prudent and cautious manner to create a safe environment for its students, at no time breaching any duty or want of care.”
Many students, including Carleton University Students’ Association president Erik Halliwell, said language in the statement was “victim-blaming.”
The statement also said the plaintiff had herself failed to take appropriate action for her own safety: she did not register with the safety department as a student working late, and she did not lock the door to the lab in which she was working.
According to the defence, the damages were “excessive, exaggerated, remote and unforeseeable.”
Julie Lalonde, a Carleton graduate student and co-founder of the Coalition for Carleton Sexual Assault Centre, is “100 per cent certain” public pressure and student outcry are what caused such a quick settlement.
“One of the questions hanging over all of this is ‘had the [Ottawa] Citizen not broken the story what would have happened?’ Would they have taken forever to settle with this woman?” said Lalonde.
“As far as we’re concerned, the statement made by the university was extremely problematic,” Graduate Students’ Association president Kimalee Phillip said. “[But] I’m really excited that a settlement has been reached and I really hope that the survivor is satisfied and at peace right now.”