Misplaced evidence delayed Kamloops serial rapist's charge for years

"THEY CALLED ME, THANKED ME FOR MY PARTICIPATION AND APOLOGIZED FOR IT BEING THE LONGEST INVESTIGATION EVER." CONTENT ADVISORY Candace Henri did all the right things after she was raped. She knew not to shower as it could affect DNA evidence. She went to the hospital, where she was swabbed and photographed. She went to the police and gave them every detail she could recall. But it took five years — and three more victims — before Troy Schank was charged for sexually assaulting Henri in 2018 as she was passed out in his basement suite. Despite repeated check-ins with the lead investigator and prosecutors, she says she never fully understood why it took so long to lay a charge against Schank. It turned out investigators misplaced her sexual assault evidence kit until it was inadvertently found by another officer four years after Henri came forward. Schank, 37, is currently serving a five-year sentence for raping Henri and two other women. Both occurred years after Henri's. "I had wondered how he had gotten charged with other people before me when I'm trusting the police and the courts to do things in a timely way," she said. "I knew he was out there doing this stuff, and I knew what he did to me, so I knew what he would do to other people." READ MORE: Rape survivor wins right in Kamloops court to tell her own story https://infotel.ca/newsitem/rape-survivor-wins-right-in-kamloops-court-to-tell-her-own-story/it105470 He was sentenced this past April for two of those sexual assault charges. One was Henri's, who appeared in court to read a statement directly to her rapist. She would later return to court to have the publication ban on her name revoked. Schank was already serving a 30-month sentence, handed down in November 2023, for raping a woman as she slept in 2021. The conviction this year added two more sexual assaults to his record and saw his sentence doubled. Before he raped Henri, they met when she was working at Central Pub as a bartender. He became a regular and while they weren't close, they would chat occasionally and sometimes smoke cigarettes outside. She hadn't seen Schank for two years when they crossed paths at another downtown bar in 2018. She was out with friends and her boyfriend on that summer night, bar hopping after she finished work. She introduced Schank to her friends and when the night was over, she tried directing a cab to her boyfriend's Brocklehurst home. Schank, who was in the cab and appeared sober to Henri's friends, directed them to his house instead, Henri told an investigator in the first of her two police interviews. Henri recalled having four drinks and two shots that night, but she was already in and out of consciousness by the time she was in the cab. She couldn't remember going to Schank's house, but she did remember waking up at least once while he raped her. She remembers trying to leave once, but he pulled her back. "That’s all I remember saying just, just repeat I wanna go home, I wanna go home, no, no, no, no, no. I wanna go," she said in her 2018 statement. "And that’s where the 'you’re not going anywhere' thing came from... How did he twist that into thinking that it was okay?" She suggested it was possible Schank might have drugged her, but she couldn't remember. Six years later, he pleaded guilty and that possibility was never mentioned in court. Henri awoke at her boyfriend's house, unaware of how she got there, and headed off to work later that morning. It wasn't until part way through her shift Henri remembered enough to know she was raped. A coworker convinced her to report it as quickly as possible. It was that evening at the end of June 2018 when Henri had a doctor collect examine her for the evidence kit in the Royal Inland Hospital emergency department. A week later she went to the Kamloops RCMP to give her statement. "I did whatever I needed to, whatever they asked," Henri said to iNFOnews.ca. "They told me not to talk and they told me to sign two (medical) consent release forms... It was to get my rape kit." For months, the lead investigator led Henri to believe the investigation was held up because they needed the evidence from the hospital, that Interior Health's records system was difficult to work with and even had Henri go to the hospital herself to try getting the kit. She signed a medical consent form the first time in October 2021, more than three years after Henri first went to police and shortly after she learned there were more victims. That was when she went to the detachment to give a second statement. 'SOMEBODY IN ANOTHER DEPARTMENT FOUND IT' By December 2022, police asked a second time to get the same form signed. READ MORE: Kamloops serial rapist gets sentence doubled https://infotel.ca/newsitem/kamloops-serial-rapist-gets-sentence-doubled/it104402 "Crown is asking for the medical records again. Can I meet you to sign some documents so we can get them in ASAP?" a text message from the investigator read. Henri asked if everything was OK. "This is annoying I know." Henri obliged by signing the document and providing her personal health number. At the time, Schank just completed the first trial for his multiple sexual assault charges. He still hadn't been charged for raping Henri. In February 2023, the officer tried again to get the evidence from the hospital. "Let's get together this week and go into the hospital together and see what they can do. I'm not happy with their system," she said, going on to blame the doctor for taking poor notes. They didn't end up meeting at the hospital, and a month later Henri got another text telling her the Crown prosecutor on her case was "excited" because they finally found the kit. "It was a strange coincidence, don't know how it got there, but somebody in another department found it," Henri recalled the officer later saying. SITUATION IMPROVING All that time trying to get the evidence from the hospital was in vain because for five years it was waiting at the detachment, but in that moment Henri said she felt a "total wave of relief." She believed the kit, and in turn hope for a criminal charge, was lost. She said her feelings turned to criticism and distrust later as she reflected. "The only apology I remember from the police was after Troy pleaded guilty," Henri said. "They called me, thanked me for my participation and apologized for it being... the longest investigation ever." Kamloops RCMP confirmed the detachment stored the evidence kit since it was completed at Royal Inland Hospital. READ MORE: Kelowna orchardists striking back against serial harasser https://infotel.ca/newsitem/kelowna-orchardists-striking-back-against-serial-harasser/it106260 "This is consistent with standard practices ensuring chain of custody is maintained with respect to the collection and handling of evidence," detachment spokesperson Cpl. Crystal Evelyn said in a statement. The detachment wouldn't provide specifics about the investigation because Schank's conviction or sentences "may still be subject to appeal." Evelyn said the detachment encourages victims to speak with lead investigators on their files to discuss steps taken and timelines. Kamloops RCMP has expanded its ability to deal with sexual assaults and related crimes since Henri first went to police in 2018, Evelyn said. The detachment's Sex Crimes Unit was introduced in late 2020, first with one constable and now with two constables and a corporal. "The unit is responsible for reviewing and assisting investigators with files related to sexual crimes. The additional oversight and expertise help to ensure investigations proceed appropriately and assists with quality assurance processes, which include the collection of evidence," she said. Options for survivors have also expanded since then. Royal Inland Hospital is now equipped with a freezer specifically intended to store sexual assault evidence kits for survivors who aren't prepared to go to police. In 2022, the Kamloops hospital began offering to hold kits that weren't yet reported to law enforcement. It's part of Interior Health's sexual assault forensic exam program, which is offered in all emergency departments in the region, according to a statement from the health authority. The exams can be done up to seven days after non-consensual sexual acts, which can include "kissing and fondling," according to the Interior Health website. It also advises survivors not to shower or bathe before getting the exam and to bring the clothes they wore at the time of the assault. 'COMMON EXPERIENCE' The hospital had no way to store sexual assault evidence kits when Henri was examined in 2018, so the kit was taken directly to the detachment. She intended to report her rape to police, but had she chosen to wait, there was no way to keep the evidence for such a time that she was ready. Even investigators in her first 2018 police interview acknowledged that many victims aren't ready to come forward immediately after. The delays and errors left her faith in the criminal justice system shaken. It's a sentiment that's not uncommon for sexual assault survivors who go through the criminal justice system, according to Kamloops Sexual Assault Counselling Centre executive director Alix Dolson. "I think what you're describing speaks to a pretty common experience," she said. "The way survivors are able to participate in their own justice process is flawed." Sexual assault survivors can often be left in the dark during the course of an investigation, which is sometimes because police are intending to protect the case. "But often it's just that it's nobody's job to make sure survivors are informed and brought alongside in the justice process," she said. In Henri's case, the first three years after her rape were spent focusing on her own mental health, while leaving police with the investigation. The latter years were periodically spent trying in vain to find an evidence kit police had the entire time. Once in court, she initially planned to testify against Schank until he changed to a guilty plea with an agreement with the Crown. Henri didn't know until the end there was a publication ban on her name that put restrictions on what could be said about the case, including herself. Once she learned, she had the court overturn the ban so she could speak out more freely. She still feels unfulfilled by the justice system and plans to be involved in any potential parole hearings in the upcoming months for Schank. Dolson said Henri's situation is "concerning and disappointing," but noted there have been changes with the resources available for survivors since. The non-profit also continues to partner more closely with police and Interior Health, she said, but she acknowledged the criminal justice system might not be the right path for every survivor. "I think we see a lot of survivors seeking justice options hoping that it's going to bring some sense of closure or resolution, and for a number of different reasons they're often left feeling abandoned and unfulfilled by that justice process. Even in the rare instance where we might get a guilty conviction, there's still often a feeling of 'this didn't fix it,'" Dolson said. "It's important to keep justice and reporting options available for the survivors that want to seek them, but it's also good to keep in mind it's not the way forward for everyone and it may not bring the healing and resolution that people hope for. We need to make sure people who don't choose that, their experiences are taken just as seriously." Schank was sentenced in April 2024 for sexually assaulting Henri in 2018 and another woman in 2021. The circumstances in that were similar to Henri's as the woman awoke to the assault in his basement. He pleaded guilty to those to charges months after he was sentenced in November 2023 for raping a woman after a party as she slept. That was also in 2021. He was previously acquitted in January 2023 for another alleged sexual assault. While Kamloops RCMP refused to offer details on the misplaced evidence kit and Henri's investigation because of the possibility of an appeal, there's no indication he intends to appeal the charge he pleaded guilty to earlier this year, which is passed the typical 30-day deadline. However, he is in the process of an ongoing appeal against his November 2023 sentence. It's not clear how much longer that appeal is expected to take. Go here for more information on Interior Health's Sexual Assault Forensic Examination program. https://www.interiorhealth.ca/health-and-wellness/sexual-assault-forensic-examination-safe-program#what-does-a-forensic-examination-look-like- NOTE TO READERS: If you find yourself in need of support please contact one of these organizations. Help is available 24 hours a day at each of these phone numbers: VictimLinkBC: 1-800-563-0808 Vancouver Rape Relief crisis line: 604-872-8212 Kamloops Sexual Assault Counselling Centre crisis line: 1-888-974-7278To contact a reporter for this story, email Levi Landry mailto:llandry@infonews.ca  or call 250-819-3723 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. 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