Lawsuit alleges Royal Newfoundland Constabulary officer raped off-duty colleague

A Royal Newfoundland Constabulary officer haslaunched a civil suit against the province, alleging she was rapedby a colleague in 2014 after he offered her a ride home from a nightof drinking.

The statement of claim filed Jan. 13 and amended May 5 inprovincial Supreme Court alleges RNC Sgt. Robert Baldwin was on duty in St. John's when he drove the woman home in his marked police vehicle.

The suit alleges he then invited himself into the woman's home andraped her.

The allegations have not been tested in court, and no criminalcharges have resulted.

St. John's lawyer Lynn Moore said in aninterview Thursday the woman is not pursuing criminalcharges at this time.

She added Baldwin, who is not named as adefendant in the claim, has since retired from the force.

When contacted by a reporter Thursday, Baldwin said it was thefirst he had heard that he was named in the lawsuit. He said he wasnot aware of the details of the allegations and did not commentfurther.

The provincial Justice Department said in an emailThursday it would be inappropriate to comment on a matter before thecourt.

More women suing RNC

Moore said seven other women are preparing action in civil courtagainst the province in connection with allegations against RoyalNewfoundland Constabulary officers, ranging from touching to sexualassault. The identities of the accused officers in the other plannedcivil suit have not been made public.

She said the women are choosing to pursue civil suits becausethey have lost confidence in the criminal courts.

"The women that I have spoken to, that have retained me, theyhave watched the criminal process unfold in many cases. They don'thave any faith in that system," Moore said.

The suit comes nearly a year after RNCofficer Doug Snelgrove was convicted of sexually assaulting a woman in December 2014 after offering her aride home from downtown St. John's.

Snelgrove's case went to trial three times, following asuccessful appeal of the first trial and a subsequent mistrial. Hewas sentenced in November to four years in prison but appealedand was granted bail. His appeal has yet tobe heard.

The lawsuit filed this month alleges the RNCknew, or ought to have known,Baldwin had been"enticing women" into his patrol vehicle "for the ostensiblepurpose of providing transportation when his true purpose was tosexually batter those women."

The statement of claim says the force had a duty to"investigate, supervise, discipline and otherwise control" thesenior officer, and did not take appropriate action.

It alleges the provincial government, as the body responsible for the force,isliable for what is alleged to have happened to theplaintiff.

It also alleges the province failed in its duty of care to theplaintiff by allowing the senior officer to remainwithin the ranks of the Royal Newfoundland Constabulary, "when theyknew or ought to have known he was using his position to commitcriminal behaviour against women."

The suit seeks general, aggravatedand punitive damages "to beascertained."

The plaintiff's name is protected by an order of the court thatwas grantedJan. 12.Moore calls it a "Jane Doe order" and saysobtaining one requires plaintiffs in sexual assault cases to retelltheir stories and go through a hearing to determine if a publicationban is warranted.

The process is specific to civil suits;complainants in criminalsexual assault cases don't have to go through a hearing to havetheir identities protected.

"Each retelling of the event is really traumatizing," Mooresaid. "This is an additional step that seems to me to be completelyunnecessary."

No need for publication-ban hearing in other provinces

Rob Talach agrees.

The Ontario-based lawyer has led civil suitsinvolving allegations of sexual assault all over the country,notably against Scouts Canada. He said in a recent interview that Manitoba and Newfoundland and Labrador tend to be furthest behindwhen it comes to making the civil courts more "friendly" forsexual assault complainants.

In other provinces, such as Ontario, there is no need for ahearing to obtain a publication ban.

"The process is antiquated ina sense," Talach said.

Still, Moore said the women making allegations against RoyalNewfoundland Constabulary officers prefer taking civil action for anumber of reasons. In a criminal case, lawyers represent the Crownrather than the complainants, she said. Civil cases can alsolook at wrongdoing by institutions and governing bodies, Moore said.

"You're able to point out flaws in an institution that can beremedied and that can make that particular institution safer forpeople who might otherwise be victims," she said.

Read more from CBC Newfoundland and Labrador