- Aug 6, 2012
- 28,035
- 24,842
- 2,405
The abuse of rights, in particularly those of women has been a recurring trend in Canadian policing recently. This is yet another example on top of the RCMP and Waterloo police class action lawsuits from female members.
Sexual assault trial of 3 Toronto cops set to begin
Consent, alcohol, the complainant's credibility: common themes in sexual assault cases that are now set to play out in an uncommonly high-profile setting, as the trial of three Toronto police officers begins Monday.
Leslie Nyznik, Sameer Kara and Joshua Cabero, all officers at 51 Division, are accused of having non-consensual sex with a female parking enforcement officer at a downtown hotel in 2015.
In a surprise move by the defence last week, the three men elected a judge-only trial just two days before jury selection.
The case will be heard by Superior Court Justice Anne Molloy.
Although the trial has yet to begin, an unusual amount of information is already known about the allegations, thanks to an unsealed police document released to the media in 2016.
Known as Information To Obtain (ITO), the document details the evidence Toronto police gathered to request DNA samples from the three accused.
None of the allegations in the document has been proven in court.
Alcohol and consent
The ITO portrays a boozy party night, conflicting witness statements, and lapses in memory.
It's familiar territory for lawyer Loretta Merritt, who represents sexual assault victims in civil cases.
"Many, many sexual assault cases involve alcohol," Merritt said in an interview. "In a lot of cases, the fact that sexual activity took place is not the issue. The defence is consent."
The complainant in this case alleges she did not consent to sex with the three officers and it may be argued that she was unable to consent because of the alcohol consumed.
Court rulings regarding sexual assault and alcohol have gone both ways, Merritt says.
"If a complainant is incapable of consenting due to incapacity because of alcohol, there is no consent. But it doesn't mean that every time somebody has alcohol there's no capacity. It's a question of looking at all the circumstances."
Sexual assault trial of 3 Toronto cops set to begin
Consent, alcohol, the complainant's credibility: common themes in sexual assault cases that are now set to play out in an uncommonly high-profile setting, as the trial of three Toronto police officers begins Monday.
Leslie Nyznik, Sameer Kara and Joshua Cabero, all officers at 51 Division, are accused of having non-consensual sex with a female parking enforcement officer at a downtown hotel in 2015.
In a surprise move by the defence last week, the three men elected a judge-only trial just two days before jury selection.
The case will be heard by Superior Court Justice Anne Molloy.
Although the trial has yet to begin, an unusual amount of information is already known about the allegations, thanks to an unsealed police document released to the media in 2016.
Known as Information To Obtain (ITO), the document details the evidence Toronto police gathered to request DNA samples from the three accused.
None of the allegations in the document has been proven in court.
Alcohol and consent
The ITO portrays a boozy party night, conflicting witness statements, and lapses in memory.
It's familiar territory for lawyer Loretta Merritt, who represents sexual assault victims in civil cases.
"Many, many sexual assault cases involve alcohol," Merritt said in an interview. "In a lot of cases, the fact that sexual activity took place is not the issue. The defence is consent."
The complainant in this case alleges she did not consent to sex with the three officers and it may be argued that she was unable to consent because of the alcohol consumed.
Court rulings regarding sexual assault and alcohol have gone both ways, Merritt says.
"If a complainant is incapable of consenting due to incapacity because of alcohol, there is no consent. But it doesn't mean that every time somebody has alcohol there's no capacity. It's a question of looking at all the circumstances."
