Sexual Assault & Sexual Misconduct in the CF
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The man was found 'Not Guilty'. I'll apologise to Dean22 and his armchair Perry Mason Club irregulars for attempting, and proving, that idiots can be found everywhere. Thanks for coming out in the open. Next time you'll be on the Warning Sytem for being wwaaaayyyy out of your lanes.
Until something new comes along and the judiciary reopens this case, this thread is locked.
Milnet.ca Staff
Until something new comes along and the judiciary reopens this case, this thread is locked.
Milnet.ca Staff
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"Ex-reservist should be compensated for flawed probe: expert":
http://www.cbc.ca/canada/edmonton/story/2009/12/21/edmonton-reservist-assault-probe.html
Ex-reservist should be compensated for flawed probe: expert
Last Updated: Monday, December 21, 2009 | 11:29 AM MT
CBC News
A former Edmonton reservist found not guilty of sexual assault should receive compensation from the Canadian Armed Forces after an investigation by military police was found to have flaws during his trial, according to a military expert.
"Clearly, something went desperately wrong here," said Bob Bergen, an adjunct professor with the Centre for Military and Strategic Studies at the University of Calgary.
"I've seen less egregious cases than this go to compensation and I think something has to be done to redress this."
In October, a jury found Orman Savage, 40, not guilty of sexually assaulting a female recruit. Savage was accused of sexually assaulting the woman, then 21, in a large bathroom stall at a military party in Edmonton end of July 2004. Her identity is protected by a court-ordered publication ban.
It was Savage's second trial on the sexual assault charge. He was originally found guilty by a provincial court judge in 2007 and sentenced to three years in prison. But the Alberta Court of Appeal ordered a new trial last April.
During both trials, the court heard the complainant got drunk the night in question and was throwing up in the bathroom. Savage came to help her.
She alleged he sexually assaulted her. Savage testified the young recruit had come onto him.
The jury found him not guilty after deliberating for just over an hour.
The acquittal meant that Savage's legal nightmare, which began five and a half years earlier, was over. But he is left with questions about the military investigation that led to the charge being laid in the first place.
"They had made up their mind as to my guilt, I guess, already," Savage said. "And they didn't pursue or want to pursue any other information that was contrary to that."
The original investigation was conducted by a military police officer who was starting a one-year internship with the Canadian Forces National Investigation Service in 2004.
According to an agreed statement of facts entered at the second trial, the investigation was plagued by mistakes. Evidence, including a T-shirt of the complainant's, was not seized or sent for DNA analysis.
The scene of the alleged attack wasn't sealed until mid-August or checked for forensic evidence. Witnesses were not interviewed in a timely fashion. The complainant was not kept apart and interviewed separately from her mother, another potential witness in the investigation.
The case was never referred to the RCMP or the Edmonton Police Service.
Well-known Edmonton criminal defence lawyer Brian Beresh represented Savage during the second trial.
"When I looked at the case closely, I just couldn't see how he had been convicted," Beresh said.
The military's National Investigation Service can deal with sexual assaults but it may also request help from a civilian police force. Beresh wondered why this did not happen in Savage's case.
"Had they gotten one investigator involved — one only — who would have overseen what's happening — quarterbacked the investigation — this would never have happened," he said.
The military refused to do a taped interview on the issue. A spokesperson said the Forces never comment on how investigations are conducted.
Savage hopes to recoup his legal fees, which he estimates are in the hundreds of thousands of dollars. But he also believes the military's National Investigation Service needs to do a better job.
"I hope that in the future that they make it so they get more training, better training, different training," Savage said.
"If they're going to be put into a position where they are supposed to be the best of the best and doing internal affairs for the Canadian Armed Forces, they should have the training and the background behind them to be able to do their job properly."
The Crown has decided not to appeal the outcome of the trial.
Savage was a master corporal before he was kicked out of the military last year because of his conviction. He has applied to be reinstated.
http://www.cbc.ca/canada/edmonton/story/2009/12/21/edmonton-reservist-assault-probe.html
Ex-reservist should be compensated for flawed probe: expert
Last Updated: Monday, December 21, 2009 | 11:29 AM MT
CBC News
A former Edmonton reservist found not guilty of sexual assault should receive compensation from the Canadian Armed Forces after an investigation by military police was found to have flaws during his trial, according to a military expert.
"Clearly, something went desperately wrong here," said Bob Bergen, an adjunct professor with the Centre for Military and Strategic Studies at the University of Calgary.
"I've seen less egregious cases than this go to compensation and I think something has to be done to redress this."
In October, a jury found Orman Savage, 40, not guilty of sexually assaulting a female recruit. Savage was accused of sexually assaulting the woman, then 21, in a large bathroom stall at a military party in Edmonton end of July 2004. Her identity is protected by a court-ordered publication ban.
It was Savage's second trial on the sexual assault charge. He was originally found guilty by a provincial court judge in 2007 and sentenced to three years in prison. But the Alberta Court of Appeal ordered a new trial last April.
During both trials, the court heard the complainant got drunk the night in question and was throwing up in the bathroom. Savage came to help her.
She alleged he sexually assaulted her. Savage testified the young recruit had come onto him.
The jury found him not guilty after deliberating for just over an hour.
The acquittal meant that Savage's legal nightmare, which began five and a half years earlier, was over. But he is left with questions about the military investigation that led to the charge being laid in the first place.
"They had made up their mind as to my guilt, I guess, already," Savage said. "And they didn't pursue or want to pursue any other information that was contrary to that."
The original investigation was conducted by a military police officer who was starting a one-year internship with the Canadian Forces National Investigation Service in 2004.
According to an agreed statement of facts entered at the second trial, the investigation was plagued by mistakes. Evidence, including a T-shirt of the complainant's, was not seized or sent for DNA analysis.
The scene of the alleged attack wasn't sealed until mid-August or checked for forensic evidence. Witnesses were not interviewed in a timely fashion. The complainant was not kept apart and interviewed separately from her mother, another potential witness in the investigation.
The case was never referred to the RCMP or the Edmonton Police Service.
Well-known Edmonton criminal defence lawyer Brian Beresh represented Savage during the second trial.
"When I looked at the case closely, I just couldn't see how he had been convicted," Beresh said.
The military's National Investigation Service can deal with sexual assaults but it may also request help from a civilian police force. Beresh wondered why this did not happen in Savage's case.
"Had they gotten one investigator involved — one only — who would have overseen what's happening — quarterbacked the investigation — this would never have happened," he said.
The military refused to do a taped interview on the issue. A spokesperson said the Forces never comment on how investigations are conducted.
Savage hopes to recoup his legal fees, which he estimates are in the hundreds of thousands of dollars. But he also believes the military's National Investigation Service needs to do a better job.
"I hope that in the future that they make it so they get more training, better training, different training," Savage said.
"If they're going to be put into a position where they are supposed to be the best of the best and doing internal affairs for the Canadian Armed Forces, they should have the training and the background behind them to be able to do their job properly."
The Crown has decided not to appeal the outcome of the trial.
Savage was a master corporal before he was kicked out of the military last year because of his conviction. He has applied to be reinstated.
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http://www.forces.gc.ca/site/news-nouvelles/news-nouvelles-eng.asp?cat=00&id=3543
Sexual Assault Charges Laid For Incidents
CFNIS NR – 2010-12 - September 9, 2010
LONDON, Ont. – The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, charged a member of the Canadian Forces (CF) for sexual assault and other charges today in relation to incidents alleged to have happened while he was performing recruit medical examinations in southwestern Ontario on behalf of the Canadian Forces Recruiting Centre (CFRC) Detachment London.
Petty Officer Second Class James Wilks was charged with two counts of Sexual Assault contrary to section 130 of the National Defence Act (NDA) and pursuant to section 271 of the Criminal Code of Canada (CCC), three counts of Behaving in a Disgraceful Manner contrary to section 93 of the NDA, and four counts of Negligent Performance of Duty contrary to section 124 of the NDA.
“The Military Police consider sexual assault to be a serious matter and will thoroughly investigate any such allegations related to Canadian Forces personnel, civilian DND employees, or any other person on DND property,” said Lieutenant-Colonel Gilles Sansterre, Commanding Officer of the CFNIS.
The accused is performing administrative duties pending the outcome of the judicial process.
If anyone has any information pertinent to this investigation, they are requested to contact the CFNIS at 1-866-698-1119.
The CFNIS is an independent Military Police unit with a mandate to investigate serious and sensitive matters in relation to National Defence property, DND employees and CF personnel serving in Canada and abroad.
- 30 -
Sexual Assault Charges Laid For Incidents
CFNIS NR – 2010-12 - September 9, 2010
LONDON, Ont. – The Canadian Forces National Investigation Service (CFNIS), the investigative arm of the Canadian Forces Military Police, charged a member of the Canadian Forces (CF) for sexual assault and other charges today in relation to incidents alleged to have happened while he was performing recruit medical examinations in southwestern Ontario on behalf of the Canadian Forces Recruiting Centre (CFRC) Detachment London.
Petty Officer Second Class James Wilks was charged with two counts of Sexual Assault contrary to section 130 of the National Defence Act (NDA) and pursuant to section 271 of the Criminal Code of Canada (CCC), three counts of Behaving in a Disgraceful Manner contrary to section 93 of the NDA, and four counts of Negligent Performance of Duty contrary to section 124 of the NDA.
“The Military Police consider sexual assault to be a serious matter and will thoroughly investigate any such allegations related to Canadian Forces personnel, civilian DND employees, or any other person on DND property,” said Lieutenant-Colonel Gilles Sansterre, Commanding Officer of the CFNIS.
The accused is performing administrative duties pending the outcome of the judicial process.
If anyone has any information pertinent to this investigation, they are requested to contact the CFNIS at 1-866-698-1119.
The CFNIS is an independent Military Police unit with a mandate to investigate serious and sensitive matters in relation to National Defence property, DND employees and CF personnel serving in Canada and abroad.
- 30 -
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Military officer charged with sexual assault
LONDON, Ont. — A military officer based in London is facing nine charges after at least two women trying to join the Canadian Forces say they were sexually assaulted at a recruiting centre.
James Wilks, a petty officer second class, faces two criminal counts of sexual assault and seven military charges, including behaving in a disgraceful manner and negligence in the performance of his duties.
The allegations are that Wilks — a military medical technician who’s been with the Forces for 25 years — sexually assaulted new recruits between Sept. 2008 and Dec. 2009 while performing physical examinations.
More at link
LONDON, Ont. — A military officer based in London is facing nine charges after at least two women trying to join the Canadian Forces say they were sexually assaulted at a recruiting centre.
James Wilks, a petty officer second class, faces two criminal counts of sexual assault and seven military charges, including behaving in a disgraceful manner and negligence in the performance of his duties.
The allegations are that Wilks — a military medical technician who’s been with the Forces for 25 years — sexually assaulted new recruits between Sept. 2008 and Dec. 2009 while performing physical examinations.
More at link
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Are Soldiers getting dumber or are thing just getting reported more. It seems there is more and more of this in the news or have I just been wearing blinders ???
medicineman
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As he's not yet been tried, much less convicted, can we delay building the gallows please? I know the guy concerned and am rather surprised by this - perhaps he's guilty of poor judgement in not having a chaperone with him, we don't know as yet. These people may have been rejected medically based on his findings and are laying these charges frivolously - again we don't know. I can say this - I'll be watching closely, as will many co-workers I'm sure, as when this is all said and done, there sure as Hell will be a BOI putting out a pile of reccomendations ensuring there is no way this will occur again.
MM
MM
OldSolduer
Army.ca Relic
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medicineman said:
I agree. From what I have read here, he's got 25 in and a clean record.
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"OTTAWA — The Canadian military has investigated just five reports of sexual assault in Afghanistan since 2004, with only one investigation leading to a guilty verdict — a number that contrasts sharply with the picture painted in a new book about a female soldier.
In one of her letters, Cpt. Nichola Goddard, who in 2006 became the first Canadian female combat death, refers to a week in the camp during which there were six rapes in one week. Other letters, many of which were sent to her husband, Jason Beam, illustrate an environment where women working on the base were frequent targets of sexual harassment, constantly being ogled."
_____________________________________________________________________________________________
Read more: http://www.vancouversun.com/news/Military+confirms+sexual+assault+Afghan+base/3628390/story.html#ixzz11exJ1ozz
Read more: http://www.vancouversun.com/news/Military+confirms+sexual+assault+Afghan+base/3628390/story.html#ixzz11ewX9eGX
http://www.calgaryherald.com/news/Capt+Nichola+Goddard+described+repeated+rape+cases+Canadian+military+base/3623541/story.html
In one of her letters, Cpt. Nichola Goddard, who in 2006 became the first Canadian female combat death, refers to a week in the camp during which there were six rapes in one week. Other letters, many of which were sent to her husband, Jason Beam, illustrate an environment where women working on the base were frequent targets of sexual harassment, constantly being ogled."
_____________________________________________________________________________________________
Read more: http://www.vancouversun.com/news/Military+confirms+sexual+assault+Afghan+base/3628390/story.html#ixzz11exJ1ozz
Read more: http://www.vancouversun.com/news/Military+confirms+sexual+assault+Afghan+base/3628390/story.html#ixzz11ewX9eGX
http://www.calgaryherald.com/news/Capt+Nichola+Goddard+described+repeated+rape+cases+Canadian+military+base/3623541/story.html
Two separate facts here - Canadians being raped and rapes on a Base of 17,000 soldiers of which Canadians were a minority. I would submit that most of the ogling takes place in the gyms because many armies do not allow their female soldiers to go out in public in anything other than a uniform.
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*sigh*
Of course Woman are "Ogled" hell my wife endures it all the time. It is the nature of the beast sadly and I for one can openly and freely admit that when I have been deployed and saw an attractive woman I stared to (not proud of it but I did it) You go months on end sitting with the same smelly guys and then suddenly you see a woman and maybe she just got out of the shower and so now she smells very very nice of course that draws attention BUT I have never ever seen a CF soldier do more then stare maybe take a deep inhale and then perhaps maybe make a comment out of ear shot of the woman that was more then a little suggestive. Not once have I seen a CF member make unwanted advances to Female soldier.
Hell I have heard the things guys have said about my wife to their fellow soldiers who happen to be my friends or her friends and you know they just make us laugh one of them is memorable in that a guy said she should be on a particular porn site which made us both roar with laughter.
As for the Rapes yup they occur and the statistic is heavily on the American side of the house I haven't personally heard of it happening to a Canadian done by a fellow Canadian not to say it hasn't happened as the one clearly did but one case in 9 years is a damn good run really.
Of course Woman are "Ogled" hell my wife endures it all the time. It is the nature of the beast sadly and I for one can openly and freely admit that when I have been deployed and saw an attractive woman I stared to (not proud of it but I did it) You go months on end sitting with the same smelly guys and then suddenly you see a woman and maybe she just got out of the shower and so now she smells very very nice of course that draws attention BUT I have never ever seen a CF soldier do more then stare maybe take a deep inhale and then perhaps maybe make a comment out of ear shot of the woman that was more then a little suggestive. Not once have I seen a CF member make unwanted advances to Female soldier.
Hell I have heard the things guys have said about my wife to their fellow soldiers who happen to be my friends or her friends and you know they just make us laugh one of them is memorable in that a guy said she should be on a particular porn site which made us both roar with laughter.
As for the Rapes yup they occur and the statistic is heavily on the American side of the house I haven't personally heard of it happening to a Canadian done by a fellow Canadian not to say it hasn't happened as the one clearly did but one case in 9 years is a damn good run really.
OldSolduer
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How many went unreported? That would be interesting.
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Neither incident reported in the article was perpetrated by a CF soldier. I personally find this article lacking in specific details, such as the comment about the book about the female soldier - American? Canadian? - the article doesn't say.
Yes, women are going to be "ogled". As BM said, it's the nature of the beast. When I was in Bosnia, we had only five females in our camp and yes, we all got stared at, the Carabinieri being the worst offenders. This is regardless of what we were wearing (uniform, PT kit).
On the other hand, I recall some females wearing "feminine" (read revealing) clothing* in A'stan. Does that make them "deserve" to be stared at? No, but it is going to happen and people should realize that. Not to mention, what really constitutes "assault"? I've heard of females putting in harassment charges for someone touching them on the shoulder or back, and not in a sexual manner, either.
There is going to be joking and such, and obviously, some people are more comfortable with it than others.
And to echo BM again, yes, we were warned about the "American side" of KAF when we first got there. To be specific, it was the civilian area we were warned about.
*IMHO, clothing like that is not appropriate for the camps. Save it for HLTA. We had a dress code when we were there, even in the gym.
Yes, women are going to be "ogled". As BM said, it's the nature of the beast. When I was in Bosnia, we had only five females in our camp and yes, we all got stared at, the Carabinieri being the worst offenders. This is regardless of what we were wearing (uniform, PT kit).
On the other hand, I recall some females wearing "feminine" (read revealing) clothing* in A'stan. Does that make them "deserve" to be stared at? No, but it is going to happen and people should realize that. Not to mention, what really constitutes "assault"? I've heard of females putting in harassment charges for someone touching them on the shoulder or back, and not in a sexual manner, either.
There is going to be joking and such, and obviously, some people are more comfortable with it than others.
And to echo BM again, yes, we were warned about the "American side" of KAF when we first got there. To be specific, it was the civilian area we were warned about.
*IMHO, clothing like that is not appropriate for the camps. Save it for HLTA. We had a dress code when we were there, even in the gym.
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Last time I was in KAF I did see somethings that were a bit shocking... Such as woman in high heels and short skirts with very tight tops (I have no idea what country they were from) and full going to the bar make up. I was a little put off when I saw this on more then one woman. Yup they were being stared at (I was staring too) but they had to know that was going to happen it was IMO attention seeking.
I haven't seen Canadian woman (that I know of personally) dressed like that sure they have worn civis and some of them are feminine somewhat but never overtly sexual just the usual fashion of the times. The new policy I have heard of in KAF is that you are not allowed Civis only Uniform and PT gear. Not sure if this will cut down on anything but it a controlable measure I suppose.
As for ogling in the gym yup that happens heck it happens here in Canada too so nothing new there. It is why my wife goes to the gym when there is alomst no one there both overseas and in Canada.
I haven't seen Canadian woman (that I know of personally) dressed like that sure they have worn civis and some of them are feminine somewhat but never overtly sexual just the usual fashion of the times. The new policy I have heard of in KAF is that you are not allowed Civis only Uniform and PT gear. Not sure if this will cut down on anything but it a controlable measure I suppose.
As for ogling in the gym yup that happens heck it happens here in Canada too so nothing new there. It is why my wife goes to the gym when there is alomst no one there both overseas and in Canada.
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Having spent 14 months in and around KAF, I recall once having to warn my troops about the dangers for females walking about the camp alone at night. I certainly don't recollect six rapes being reported to me, but I can check my OGp book and see.
As to the ogling and harassment... I have to agree with others. As distasteful and immature as it is, it's going to happen.
As to the ogling and harassment... I have to agree with others. As distasteful and immature as it is, it's going to happen.
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I don't think the ogling is distastaeful or immature I think it is pretty much normal and natural. You take a guy away from his wife/girlfriend etc etc for months and give him no outlet and well he is going to look when the time comes, same goes for the woman (though usually they are more discret but I have seen more then one do it generaly in the gym LOL).
What would be distasteful and immature would be saying or doing inappropriate things to the person who has drawn your attention IMO
What would be distasteful and immature would be saying or doing inappropriate things to the person who has drawn your attention IMO
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