WARNING: This article refers to sexual aggression and can affect those who have experienced sexual violence or know someone affected by him. He also mentions suicide thoughts.
A Hamilton police officer who is accused of sexually assaulting his colleague in 2022 “would not take a no for response,” argued the lawyer of the Corona Jason Nicol while completing his final arguments on Tuesday in a Burlington court.
“In a nutshell, this case is a more experienced and tall police officer who would not take the no for a response from a younger and inexperienced colleague despite his attempts to qualify him and repel his progress,” Nicol said.
In the trial, which began in January, Nicol said that Jeffery Turnbull persecuted a younger officer, made sexual comments, sent him messages and gifts not requested and touched her inappropriately without her consent before sexually assaulting her in March 2022.
The identity of the woman is protected under a standard publication prohibition. Turnbull declared himself innocent in the case before the judge of Ontario Jennifer Marie Campitelli. The trial has taken place in Hamilton and Burlington, Ontario.
Defensor lawyer Joanne Mulcahy finished arguing in the Court of Justice of Ontario in Burlington on July 17.
Its final presentation, which began in Junefocused on what he said they were inconsistencies in the history of women about the alleged assault and their interactions with Turnbull in the previous months and later weeks.
Defense says that two officers were having an adventure
On the podium, the woman said Turnbull spoke and sent him a message regularly Although she didn’t want to talk to him. She said he gave her gifts and flirted with her, even sending her Naked images of himself. She said he would talk about her poor mental health or even threaten suicide if she didn’t go to what he wanted.
It was in those circumstances, said the woman, that she went to Turnbull’s house when her wife was far to visit him, her children and her dog with her new puppy. The woman says it was on that visit that Turnbull covered her to the couch and sexually assaulted her even though she said she did not want to have sex.
The defense says that the two were really having a Consensuida issueThat the woman denies. Turnbull said that the two planned to have sex while their wife was out, the woman was a participant ready and that she visited her with her dog was actually the next day.
Mulcahy said the crown could not prove beyond a reasonable doubt that sex in Turnbull’s residence was not agreed.
The woman was inconsistent In his description of the alleged assault, Mulcahy said, without using the word violation with the researchers and only use it at the stand on January 10.
His story about the alleged assault is not added either, said Mulcahy. For example, the woman said that a back injury prevented her from resisting, but that she was working as a police officer in the field and had not been considered not suitable for their usual physical duties.
The defense also said that he characterized his relationship badly. For example, said Mulcahy, text records show the woman named Turnbull “Rude” when he removed her as a friend of Snapchat, indicating that he wanted to talk to him.
Crown says that inconsistencies are understandable
Nicol said the inconsistencies in women’s testimony were understandable and “peripheral.” For example, she said, she is clear about what weekend the alleged assault occurred, even if there is disagreement about the exact day.
And he said that while the crown and defense can disagree when Turnbull supposedly touched the woman inappropriate at work, there was a great opportunity for that to happen within the period of time suggested by the woman.
He said that the woman participated in preparatory meetings with the Crown and had already conducted an interview with the Special Investigations Unit of Ontario, which investigates police behavior, and the Hamilton Police Professional Police teams.
It would not be reasonable to assume that he could remember exactly what he said during an “exhausting” and “extensive” interrogation, said Nicol, referring to his crying and requiring breaks while he was in the witness post.
He pointed out that she testified that “a trial was the last thing he wanted,” and said: “She has not won anything of this process than stress and pain.”
The consent must communicate at that time: Corona
Nicol also said that the defense was taking advantage of myths on how a survivor of sexual violence should or should not act. He said she continued talking to Turnbull in the week after the alleged assault is not out of the ordinary.
He also accused the defense of “unjustly blaming a victim for not being his own criminal investigator,” when Mulcahy asked him why he had not tried to access Snapchat’s eliminated messages for evidence as his client did.
At one point in his final argument, Mulcahy said that his client could have thought honestly but erroneously that the woman was giving her consent.
Nicol replied that the consent must communicate at the time of sex, so “unless Mr. Turnbull had telepathy,” what was thought that the woman was thinking if he did not say yes.
A recurring theme in the trial, said Nicol, was Turnbull “consistently and deliberately” misunderstanding things that would have been obvious.
Previously at the trial, when Nicol asked Turnbull about sending text messages to the woman after he sent him a message saying: “I think I need space,” Turnbull replied, saying: “She never said:” I need space, “she said:” I think I need space. ”
Turnbull said he was not sure what the woman was thinking at that time and did not believe that her relationship would be very different in the future, Nicol told Tuesday.
That “should be very revealing,” he said, adding that it is easy in retrospect, so he says that women should have been more direct but understandable why it was not.
He often said in her relationship, she went to what Turnbull wanted to keep peace at work, fearful of getting trouble to speak.
Expected verdict in October
In his final arguments, Mulcahy disagreed with the claimants’ account on how Turnbull would discuss their mental health.
Mulcahy said that suicide threats were introduced into the “eve of trial” to “justify their actions and conduct” and that “it should be very worrying for the court” that the plaintiff is “using his disability against him.”
The woman never mentioned the discussions on the suicide of the investigation of professional standards of the Police or the Special Investigations Unit of Ontario, he said, mentioning it for the first time when he met with the crown because he needed to “turn” to explain why the instance of the alleged assault was voluntarily to the house of Turnbull.
Nicol replied that suicide is a difficult issue for women due to a family experience, and denied that someone was putting together Turnbull’s mental health. He said the officer referred to psychologically manipulating his colleague.
Campitelli is scheduled to read his verdict on October 3.
If you are in immediate or fears for your safety or that of others around you, call 911. To obtain support in your area, you can search for local crisis and services through the Finish the database of the Canada Violence Association.
If you or someone you know are struggling with mental health, this is where to seek help:
