Former student says U of Manitoba failed to protect her from dorm room attack by convicted sex offender

WARNING: This article may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

A former University of Manitoba student is suing the school, alleging it failed to protect her last October, when a convicted sex offender snuck into her on-campus residence and assaulted her as she slept.

In a statement of claim filed with Manitoba's Court of the King's Bench earlier this month, the woman said the university's lack of adequate safety measures and enforcement made it possible for her to be attacked by a stranger on school property while she was vulnerable. 

On Oct. 25, 2024, the woman, who was then a U of M student, was living in the Arthur V. Mauro Residence at the university's south Winnipeg campus. 

At 4:45 a.m., 46-year-old Garry Junior Edwards — who had been convicted of two violent sexual assaults in 2013 — gained access to the residence, broke into a secured area and broke into the victim's room, according to police.

Police said the woman fought him off during the assault and was later treated for injuries. 

Edwards is facing charges for sexual assault, robbery, breaking and entering, and attempting to overcome resistance by choking, suffocating or strangling a person.

The statement of claim alleges the school's lack of security measures "created conditions that allowed … [Edwards] to encounter the plaintiff" and harm her.

The attacker was able to "exploit the … [university's] lack of adequate safety measures, rules and enforcement to gain access to the plaintiff and further his abuse," and the university is therefore "liable for the wrongful actions of the perpetrator," according to the lawsuit.

The university, named as the defendant in the suit, owes a duty of care to students enrolled there, and those who are living on campus rely on university administration to keep them safe when they are asleep and vulnerable, the statement of claim says.

The lawsuit also alleges that the school did not provide adequate counselling or assistance after the assault. 

"The conduct of the defendant … was harsh, high-handed and malicious, and, as such, should be punished," according to the lawsuit.

As a result of the attack, the woman said she has experienced physical pain, post-traumatic stress disorder, depression, anxiety, insomnia and night terrors. After the attack, she also withdrew from the university, the claim said. 

She is seeking general damages, special damages, punitive damages and aggravated damages. The statement of claim, which does not include a specific cost figure, also seeks coverage for past and future health-care services. 

None of the allegations in the lawsuit have been tested in court. No statement of claim has been filed.

University of Manitoba administration told CBC News in a statement the school is aware of the lawsuit and "will respond as required in due course."

"Student safety is a top priority," and the U of M has "a number of safety initiatives and measures on campus," the emailed statement said, adding the university held several safety sessions in March. 

CBC News reached out to the former student's Vancouver-based lawyer on Tuesday afternoon but did not receive a reply before publication.

For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. ​​If you're in immediate danger or fear for your safety or that of others around you, please call 911. 

The Winnipeg Police Service says anyone who has experienced sexual assault can access victim services at 204-986-6350 or through the Klinic sexual assault crisis line at 204-786-8631.