Sexual Assault & Sexual Misconduct in the CF

[jollyjacktar]

More charges on CF members.

Halifax military Master Seaman Daniel Cooper facing sex assault charges

Charges relate to an alleged sexual assault which took place in November 2015

By Cassie Williams, CBC News  Posted: Sep 13, 2016 11:51 AM AT| Last Updated: Sep 13, 2016 11:51 AM AT
A member of the Canadian Armed Forces in Halifax has been charged with sexual assault — the second such charge in as many days for the military.

On Tuesday, the Canadian Forces National Investigation Service laid two charges under the National Defence Act against Master Seaman Daniel Cooper of the Naval Fleet School at CFB Halifax.
The charges relate to an alleged sexual assault which took place in November 2015. At that time, Cooper was deployed on an international mission aboard HMCS Athabaskan. The alleged victim is also a member of the Canadian Armed Forces.

Cooper faces one count of sexual assault and one count of abuse of subordinates. His trial will be by court martial before a military judge.

This is the second time this week a member of the Canadian military has been charged with sexual assault. On Monday, Sgt. Kevin MacIntyre, who is stationed at CFB Halifax, was charged in connection with an incident that took place in Glasgow in September 2015.

Last month, the military's top brass said progress had been made in the war on sexual misconduct in the ranks, after more people came forward to report sexual offences.

The Canadian Forces National Investigation Service is a unit within the independent Canadian Forces Military Police Group. It investigates serious and sensitive matters in relation to Department of National Defence and Canadian Armed Forces personnel serving in Canada and around the world.
http://www.cbc.ca/news/canada/nova-scotia/halifax-military-member-sex-assault-charge-hmcs-athabaskan-1.3759798

 

[mariomike]

Sep 22, 2016

Canadian Forces Sgt. found guilty of arranging to meet girl, 3, for sex
http://www.680news.com/2016/09/22/canadian-forces-sgt-found-guilty-of-arranging-to-meet-girl-3-for-sex/
A Canadian Armed Forces Sergeant posted at CFB Trenton in eastern Ontario has been found guilty of child pornography offences and arranging to commit a sexual offence against a child.

 

[George Wallace]

From Edmonton:

http://www.cbc.ca/news/canada/edmonton/edmonton-army-captain-faces-long-list-of-criminal-charges-1.3771408

 

[mkil]

Out of Bagotville (no English version available)

http://www.journaldemontreal.com/2016/09/23/militaire-arrete-et-remis-en-liberte

 

[The Bread Guy]

Part of the (alleged?) solution ...

The Canadian Forces Provost Marshal Brigadier-General Robert Delaney today officially announced the establishment of a new 18-member team dedicated to supporting the investigation of criminal sexual offences throughout the Canadian Armed Forces and Department of National Defence.

The Sexual Offence Response Team, an Operation HONOUR initiative, increases the ability of the Canadian Forces National Investigation Service to protect and support victims of sexually based offences by identifying, investigating, and helping prosecute persons responsible for criminal sexual offences.

The announcement at Canadian Forces Base Trenton officially recognized the establishment of the specially trained team that is already in place and conducting operations in six locations across Canada ...

From the Backgrounder ...

On September 27, 2016, the Canadian Forces Provost Marshal officially announced the establishment of a new 18-member team dedicated to supporting the investigation of criminal sexual offences throughout the Canadian Armed Forces and Department of National Defence.

The Sexual Offence Response Team, an Operation HONOUR initiative, increases the ability of the Canadian Forces National Investigation Service to protect and support victims of sexually based offences by identifying, investigating and helping prosecute persons responsible for criminal sexual offences. The announcement officially recognized the establishment of the specially trained team already in place and conducting operations in six locations across Canada.

Role of the Sexual Offence Response Team

The Canadian Forces National Investigation Service is a unit within the independent Canadian Forces Military Police Group whose mandate is to investigate serious and sensitive matters in relation to Department of National Defence property, Department of National Defence employees and Canadian Armed Forces personnel serving in Canada and around the world.

The Sexual Offence Response Team is an investigative team within the Canadian Forces National Investigation Service that is focussed on illegal sexual activities affecting the Canadian Armed Forces community and ensuring support to victims.

The mission of the Sexual Offence Response Team is to contribute to the ethical principles, values and operational effectiveness of the Canadian Armed Forces by:

    investigating criminal sexual activities throughout the Canadian Armed Forces and Department of National Defence and prosecuting persons engaged in harmful, inappropriate and criminal sexual behaviour;
    ensuring victim services are provided by coordinating investigative activity with key enablers and stakeholders such as the Canadian Armed Forces Strategic Response Team on Sexual Misconduct and the Sexual Misconduct Response Centre; and
    supporting Canadian Armed Forces administrative processes related to sexual offences.

A majority of Canadian Forces National Investigation Service investigations revolve around sexual related matters. The Sexual Offence Response Team provides investigators with a nucleus of expertise regarding:

    historical investigative techniques;
    new trends in law enforcement concerning sexually based offences: and
    best practices for future sexual related investigations.

The intent of building this base of knowledge and experience is to help ensure procedural correctness, improve support to victims, and lead to better file management and fewer investigative delays.

Composition and location

The 18 investigators of the Sexual Offence Response Team are dispersed in three-member teams at the six Canadian Forces National Investigation Service’s regional offices across Canada. Each team consists of one sergeant and two master corporals. Investigative teams of three ensures a consistent footprint of two members working on investigative activities, while a third at times can be conducting training or conducting program development.

The geographic areas of responsibility of each team are as follows:

    Pacific Region (based in Victoria, with responsibility for the Province of British Columbia);
    Western Region (based in Edmonton, with responsibility for Alberta, Saskatchewan, Manitoba, the Northwest Territories and the Yukon);
    Borden Region (based at CFB Borden, with responsibility for the Western portion of Ontario);
    Central Region (based in Ottawa, with responsibility for the Eastern portion of Ontario);
    Eastern Region (based at CFB Valcartier, with responsibility for the province of Quebec and Nunavut); and
    Atlantic Region (based in Halifax, with responsibility for the four Atlantic provinces).

Note: While the Canadian Forces National Investigation Service regional offices are co-located with other military bases, the Canadian Forces National Investigation Service personnel, including members of the Sexual Offence Response Team, work independently from the normal military chain of command. They receive direction and report directly to the commanding Officer of the Canadian Forces National Investigation Service.

Selection and training

Members of the Sexual Offence Response Team are carefully selected based on their training and experience in sexual related investigations. Each member must display an aptitude for this area of investigations as well as character traits including empathy, understanding, and victim-oriented focus.

In addition to standard training received by all investigators in the Canadian Forces National Investigation Service, members of the Sexual Offence Response Team also receive specialized training in:

    investigating sexual assault;
    physical abuse and child death;
    investigating offences against children;
    investigative and forensic interviewing techniques; and
    trauma informed care training.

The training is specifically aimed at ensuring investigators listen to every victim with a compassionate ear, to accurately gather facts, to avoid preconceived judgements and to respond to complaints and conduct every investigation in a thorough, professional and impartial manner.

The ongoing training of the team will be revised as required to ensure it reflects progressive law enforcement trends, opportunities and lessons learned.

Conclusion

The Sexual Offence Response Team adds to the strength of the Canadian Forces National Investigation Service and optimizes opportunities to successfully identify, investigate, and bring to prosecution those persons responsible for criminal sexual offences in the Department of National Defence and the Canadian Armed Forces.

Any member who has experienced or witnessed harmful and inappropriate sexual behaviour of any kind in the Canadian Armed Forces (CAF) has a range of options available to him or her.For more information regarding available services, please visit the Harmful and Inappropriate Sexual Behaviour webpage. 

Both docs also attached in case links don't work for you.

 

[mariomike]

Oct 4, 2016

Military reviews training as figures show many sex offences involved cadets
http://www.680news.com/2016/10/04/military-reviews-training-as-figures-show-many-sex-offences-involved-cadets/
OTTAWA – The Canadian Forces says it is taking a close look to ensure there are no policy gaps when it comes to protecting its cadets, as figures show many alleged military sexual offences involved youth in uniform.

 

[McG]

While searching for the super-thread, I came across this thread from 2014. Will add for reference ( if no one minds ),

Soldier acquitted of sexually assaulting female subordinate/BOI to follow 
http://army.ca/forums/threads/116091.0 

I'd leave it.  It is a fairly significant incident of its own and likely will generate future news stories and then discussion.  It does not need to be buried inside a general discussion.

 

[dapaterson]

Charges against a high-ranking military officer accused of sex crimes were withdrawn in an Edmonton courtroom Friday.

The Crown prosecutor asked a Court of Queen's Bench judge to withdraw all charges against Lt.-Col. Mason Stalker, who was ordered earlier this year to stand trial on three counts of sexual assault and four counts of sexual exploitation following a one-day preliminary hearing.

http://www.cbc.ca/news/canada/edmonton/sexual-assault-charges-withdrawn-against-edmonton-military-officer-1.3836876

 

[Pusser]

Tried or not, the damage to his career is probably substantial.

 

[Fishbone Jones]

Tried or not, the damage to his career is probably substantial.

Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  :

 

[Good2Golf]

Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  :

Pretty sure that charges dropped ≠ not guilty.

 

[The Bread Guy]

He was found not guilty.

"There was no longer a reasonable likelihood of securing a conviction" =/= verdict of "not guilty"

Are you saying that even though he was found not guilty, he's still going to be blackballed?

Now THAT's an interesting, multi-layered question ...

 

[brihard]

It wasn't an acquittal; charges were withdrawn. That's the legal equivalent of them never being laid in the first place. An acquittal means that after a trial or an appeal, a judge or jury finds the person not guilty. The other possibility other than a finding of guilty is a 'stay of proceedings', which is when the crown decides that it doesn't have enough to go on and basically ceases the prosecution, but the charges remain laid. Crown can pick up the case and run with it again within a year in those instances.

But yeah, probably still safe to say his career has taken an irreversible hit. I doubt anyone will want to be the one who promotes him into a prominent or visible position from here on out.

 

[daftandbarmy]

It wasn't an acquittal; charges were withdrawn. That's the legal equivalent of them never being laid in the first place. An acquittal means that after a trial or an appeal, a judge or jury finds the person not guilty. The other possibility other than a finding of guilty is a 'stay of proceedings', which is when the crown decides that it doesn't have enough to go on and basically ceases the prosecution, but the charges remain laid. Crown can pick up the case and run with it again within a year in those instances.

But yeah, probably still safe to say his career has taken an irreversible hit. I doubt anyone will want to be the one who promotes him into a prominent or visible position from here on out.

Now let's see the CF launch a defamation suit launched against the false accuser on behalf of LCol Stalker....

.... oh, wait, I forgot, 'this is 2016'.

 

[brihard]

Charges being withdrawn doesn't mean the accusation was false... Just that they don't have what they need to go with it. Realistically none of us will ever have the full picture.

 

[shootemup604]

I'm surprised this didn't come sooner after the preliminary hearing.  Its purpose is to determine whether or not the charges and trial are warranted.

 

[Journeyman]

I'm surprised this didn't come sooner after the preliminary hearing.  Its purpose is to determine whether or not the charges and trial are warranted.

Yes, but the CBC article stated that the "Crown said it concluded there was no longer a reasonable likelihood of securing a conviction," suggesting that something  had changed since the initial determination. 

What?  :dunno:  For the sake of the LCol's reputation, they should have stated it.

 

[Hound Dog]

Yes, but the CBC article stated that the "Crown said it concluded there was no longer a reasonable likelihood of securing a conviction," suggesting that something  had changed since the initial determination. 

What?  :dunno:  For the sake of the LCol's reputation, they should have stated it.

In cases involving allegations of historical sexual misconduct, the primary evidence against the accused is the testimony of the complainant. If the Crown is no longer proceeding after the matter was committed at prelim, it's likely either the complainant indicated they no longer wished to proceed or something came up that has caused serious questions about the complainant's credibility.

 

[brihard]

In cases involving allegations of historical sexual misconduct, the primary evidence against the accused is the testimony of the complainant. If the Crown is no longer proceeding after the matter was committed at prelim, it's likely either the complainant indicated they no longer wished to proceed or something came up that has caused serious questions about the complainant's credibility.

Exactly my thoughts too.

 

[McG]

Tried or not, the damage to his career is probably substantial.

Why? He was found not guilty. Are you saying that even though he was found not guilty, he's still going to be blackballed?

That's not the way the CAF does things.  :

I don't think he will be blackballed.  But, he was ripped out of a CO job half way through the tenure. He is not going to get that back ... and not for spite, it is just that it is now somebody else's turn.  A year and a half of being accused will have cost him opportunity to keep pace with his peers.  Maybe he can close that gap again, but the system is not designed to help someone play catch-up.

Charges being withdrawn doesn't mean the accusation was false...

... but the idea of innocent until proven guilty applies, does it not?