Sexual Assault & Sexual Misconduct in the CF

[medicineman]

I testified at a CM for a person that had been released pretrial - an Admin Review conducted may have recommended release on admin grounds, despite the upcoming legal events (as was the case for the person I was testifying against).  I was AO for a person with the same issues going on - was released on an AR pending trial for CC and NDA charges.  In Jamie Wilks' case, he may have elected to just to take his release based on time in, or an AR may have recommended it prior to the trial. 

MM

 

[Rifleman62]

We had a fellow in our Bde who was CM twice ( several years apart) for stealing. The second time was after his release. He got a extremely light sentence "hardship in new civilian life" or some such.

Previous to CM one he had been in the shidt for fraudulent travel claim (s).

He bought lotos at a neighborhood gas station, and stiffed a new employee (a kid) $50.00. He never went back to that location.

Not a Fin O, but close.

 

[X Royal]

The way I see it is that an administrative release before the court martial is only a way of saving money as in wages stop. But in the same time it also saves money on the punishment end as sentence is to the civilian system and the forces save money again.
At the same time punishment is not as severe as the service detention system is left out of the equation.
IMO in case similar to this release should be withheld until charges are finalized.

 

[The Bread Guy]

A reminder:  The Charter of Rights and Freedoms, and Canada's constitution, guarantees the right to be presumed innocent until proven guilty.

The Canadian Forces National Investigation Service (CFNIS) charged on Friday a former Canadian Forces Medical Technician for incidents alleged to have occurred while he performed medical exams at a Naval Reserve unit in Thunder Bay and at the Canadian Forces Recruiting Centre in London.

Ex-Petty Officer, 2nd class (PO 2) James Wilks was charged with the following:

• four counts of Sexual Assault, contrary to section 130 of the National Defence Act, and pursuant to section 271 of the Criminal Code; and
• ten counts of Breach of Trust, contrary to section 130 of the National Defence Act, and contrary to section 122 of the Criminal Code.

It is alleged that between 2002 and 2009, the accused performed medical examinations on CF recruits and serving members contrary to prescribed medical procedures.

In September 2010, the CFNIS laid nine charges against Ex-PO 2 Wilks in relation to similar incidents. The alleged victims of these new charges came forward after the Military Police made a public appeal for other possible victims to step forward. Military Police again ask that anyone who believes they may also have been victimized contact them at 1-705-423-1497 ....

CF news release, 23 Jan 12

 

[MedCorps]

Ouch.  Round Two. 

MC

 

[The Bread Guy]

Ouch.  Round Two. 

MC

Often happens when other victims hear of the first round of charges and come forward.

 

[GeorgeD]

It is probably a stupid question, but how could the CF Release someone and still Court Martial them? I thought you had to be in the military at the time of your CM, or is it that the crime(s) had to be commited while in the military?

 

[The Bread Guy]

It is probably a stupid question, but how could the CF Release someone and still Court Martial them? I thought you had to be in the military at the time of your CM, or is it that the crime(s) had to be commited while in the military?

Question asked earlier....

My question would be why was he released while still facing these charges?  It's not like other cases where release was after the charges were heard & a conviction tendered, even if an appeal followed.

.... with some answers earlier in the thread:
http://forums.army.ca/forums/threads/96457/post-1098145.html#msg1098145
http://forums.army.ca/forums/threads/96457/post-1098162.html#msg1098162

 

[BernDawg]

Public disclosure.
http://www.jmc-cmj.forces.gc.ca/dec/2011/wilks-jk-eng.asp

 

[The Bread Guy]

Two reminders, folks:
1)  The Charter of Rights and Freedoms, and Canada's constitution, guarantees the right to be presumed innocent until proven guilty (including new charges).
2)  What one of my mod colleagues said before:

.... consider this the standard mod comment that as of now this thread will be stringently monitored and inappropriate comments, speculatiosn etc will be deleted and the poster may be introduced to the site warning system.

Staff

Milnet.ca Staff

 

[mariomike]

Saw this item on Paramedic Network News ( PNN ).
FYI

April 17, 2012
"A Sarnia-area woman is seeking $1.3 million in a civil suit launched against the military medic who assaulted her and against the Department of National Defence.":
http://www.lfpress.com/news/london/2012/04/17/19645421.html

 

[The Bread Guy]

Bump with the latest ....

A reminder:  Under Canada's Charter of Rights and Freedoms, "any person charged with an offence has the right .... to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal"​

The Canadian Forces (CF) National Investigation Service charged on Wednesday a former CF medical technician for incidents alleged to have occurred while he performed medical exams at a Naval Reserve unit in Thunder Bay and at the CF Recruiting Centre in London.

Petty Officer 2nd class (Retired) James Wilks was charged with the following:

• eight counts of sexual assault, contrary to section 130 of the National Defence Act, and pursuant to section 271 of the Criminal Code; and
• nine counts of breach of trust, contrary to section 130 of the National Defence Act, and contrary to section 122 of the Criminal Code.

It is alleged that between 2002 and 2009, the accused performed medical examinations on CF recruits and serving members contrary to prescribed medical procedures. In September 2010 and January 2012, the CF National Investigation Service laid a total of 20 charges against Petty Officer 2nd class Wilks (Retired) in relation to similar incidents. The alleged victims of these new charges came forward after the Military Police made a public appeal for other possible victims to step forward ....

CFNIS Info-machine, 13 Dec 12

 

[lubi125]

Do excuse me if you find the title somewhat inappropriate or obscene.

So I recently dropped off my applications, but my parents and a person of great influence have been "warning" me of how I might get raped by other men whilst in the military, probably in the effort of deterring from joining the Army overall. I currently am applying in the Reserve for Field Artillery, considering I get through the application process, pass the tests and get to BMQ, is there truly a reasonable possibility this may happen? I've started even question if my choice was good after all and that it may actually happen that I get "rapped" or "gang raped" whilst in the military.

Forgive me if this sounds completely absurd to some, but they (or he) make it seem like it will happen to me.

Has anyone ever heard of such occurrences in the reserves or even in the CF in general?

Thanks !

 

[northernboy_24]

NO, full stop.  If it were to happen then the offending parties would be subject to the National Defence Act and the Criminal Code of Canada. They would be charged, tried and put in jail if convicted as every other citizen of Canada would if a similar offence occurred in a civilian organization.  Anything that is illegal in Canada is illegal in the Canadian Forces.  Whoever told you that is completely wrong and if it is a serving member of the CF then they need to get smacked and realize the damage they are causing the reputation of the CF and its members.

I really hope that they are just kidding with you.  If not then they need to grow up.

 

[Journeyman]

Maybe it happens back in the motherland; not here.  Welcome to Canada.

 

[Bruce Monkhouse]

I guess the hundreds of women who post regularly on army.ca have just gotten used to being raped so they don't mention it anymore.

 

[lubi125]

Maybe it happens back in the motherland; not here.  Welcome to Canada.

Ah yeah thinking of it, that person of great influence I was talking about did do military service in China... but I was born in Canada.

 

[The Bread Guy]

I can say during 11 years of Reserve service, I never even HEARD of such a thing, and you're going to hear a lot of the same from others.

I'm very curious:  where did your parents and this "person of great influence" get this idea?  First-hand experience?  "They say..."?  This actually happened to someone?  In Canada?  In the Reserves?  How do they "know" this allegedly happens?

Ah yeah thinking of it, that person of great influence I was talking about did do military service in China...

I see ....

 

[Sig_Des]

The only thing that'll rape you in the CF in paperwork...I guess by that reasoning, an annual PRV could be considered a gang rape. But that's it....

 

[SentryMAn]

Wasn't there a movie out about the US Military that involved a Generals daughter getting raped on a training excercise or something?

I think these "people of higher influence" have been watching too many movies and other things.