Julian Falconer — a feisty Toronto lawyer with a reputation for fighting for human rights — is representing two raped women who are suing the Royal Canadian Mounted Police and Toronto’s metro police.

The women’s lawsuit alleges the police failed to act on others’ sexual assault complaints. This ultimately allowed, the women claim, Melbourne Lee — a man with a long criminal record, including murder — to be free to commit more violent crimes. The RCMP tried to block the case from being heard in court this past winter.

If successful, this unique civil case will be one more step to publicly recognizing that woman abuse is a community problem and provide the restitution necessary to rebuild survivors’ sense of order and justice.

For third party lawsuits to succeed, the plaintiffs must provide evidence the defendants failed in their duties due to gender discrimination, callous disregard for the public’s safety or negligence. Though these types of cases are relatively uncommon in Canada, Lee’s victims are not the first women who have survived rape and gone on to seek recognition and restitution within the civil courts.

Last year, the British Columbia department of Corrections Canada settled out of court with a 40-year-old woman who was raped in 1998 by James Armbruster, a career criminal who was a resident of a halfway house. The civil suit was resolved just before a three-week trial was scheduled to begin. The woman received $215,000, most of which she must pay back to Workers’ Compensation Board and to her lawyer.

The woman, known only as Beulah, was disappointed the matter would not be fully disclosed in open court, as she claimed her lawsuit was launched to prevent cases like hers from ever happening again. Armbruster had a violent past, including a conviction for raping his own grandmother. Buelah believes he should have been declared a dangerous offender and never released from prison.

In 1988, a young Barrie, Ontario woman was held captive at gunpoint and raped by Jim Jones. He was a repeat violent offender who had walked away from a halfway house in Toronto. “Mary” sued Corrections Canada and the National Parole Board — the first lawsuit of its kind in Canada. She also went public with her claims in an attempt to create awareness of the dangers of releasing violent offenders without adequate supervision.

Corrections Canada again settled out of court for an undisclosed amount of money in 1996. Jim Jones was declared a dangerous offender and jailed indefinitely as a result. The parole board is once again considering his release, seemingly undeterred by the lawsuits. “I can’t believe they didn’t learn their lesson,” Mary said.

In 1991, another Ontario woman was raped and nearly murdered by Philippe Clement, a violent offender who walked out of Beaver Creek — a minimum-security prison in Bracebridge. The woman’s lawsuit in 1994 against Corrections Canada was the first to go to trial resulting in a payout of over $300,000.

“Jane Doe” of Toronto successfully sued the police for failing to notify her of a serial rapist in her neighbourhood who later brutally attacked her. She was awarded a quarter of a million dollars in 1999. The Toronto City Council acted swiftly, ordering an audit of the Toronto Police and their handling of sexual assault investigations.

Abused women traditionally seek accountability within the criminal courts, but increasingly some are looking beyond this less-than-perfect system. Survivors often speak publicly about their dissatisfaction with insensitive police investigations, long waits for trials, judges’ inadequate sentences and the lack of treatment and supervision within correctional facilities. Consequently, many are choosing to hold the systems accountable in addition to — or instead of — reporting to the police.

Though many women have been successful in their lawsuits, this strategy has seemingly failed to encourage the government or police to change their discriminatory practices. Violent men like Melbourne Lee are still able to prey on women and children, even when their victims have filed police complaints.

Some officers are reluctant to arrest abusive husbands and often treat women like manipulative liars. Crown attorneys are not given the resources needed to keep violent offenders behind bars. Judges and correctional officials often fail to adequately deal with the issues of treatment and supervision. And politicians pay mere lip service to the issues. But these lawsuits have given a clear message to police and others — you will be held accountable for your neglectful mistakes.

Government tax cuts have resulted in a steady erosion of social programs and services in this country, including those that prosecute, incarcerate, treat and supervise our ever-increasing prison population. Police budgets continue to receive an escalation in their funding each year, but this has done nothing it appears to prevent woman abuse.

Though it may seem futile to encourage abused women to hold systems accountable, it serves to draw much-needed attention to the changes required to make women’s lives safer. It also helps survivors feel empowered, and provides for financial compensation, which goes toward the recognition and restitution they deserve. “This was the only time I felt in control since the day Jim Jones raped me.” Mary commented in a recent interview.

Maybe as the lawsuits from brave survivors pile up and the financial awards escalate the police, Corrections Canada and our elected officials will pay attention.