Photo by Whitehorse Star
Graham Belak and Shawn McLaughlin
Judge finds RCMP officers not guilty
Judge finds RCMP officers not guilty
Two RCMP officers accused of sexually assaulting a woman in Watson Lake last March were acquitted this afternoon in Yukon Supreme Court. Constables Graham Belak, 30, Shawn McLaughlin, 33, both suspended with pay after being charged in connection with the March 8, 2009 incident, were found not guilty by Justice Leigh Gower as the Star went to press this afternoon.
Gower presided over the five-day trial that finished last Friday.
In his verdict, Gower said he found the evidence provided by the officers' accuser, who cannot be named due to a publication ban on her identity, to be "inconsistent, illogical and unreliable.”
Members of Belak's family wept and embraced the junior constable after the verdict was delivered.
The woman, who had moved to Watson Lake with her husband less than a week before meeting Belak and McLaughlin at a small party, testified she left the party to go to Belak's with McLaughlin and once there, she was drugged by one of the officers and the pair proceeded to rape her.
When McLaughlin and Belak took the witness stand in their defence, both testified to a markedly different scenario, in which the woman agreed to consensual sex with both officers, who were off-duty at the time.
McLaughlin, who is married with two children, told the court he asked if the woman was interested in a threesome, and she said responded that she had not ruled out the possibility.
In rendering his decision, Gower also spoke of testimony provided by the doctor who conducted the sexual assault examination on the complainant.
The trial's first witness, Dr. Danielle Sergeeva, testified she could not find any evidence of forced intercourse, but even more compelling, said Gower, was Sergeeva's testimony that the complainant first told her that she didn't remember having intercourse, then indicated she was sure she was sexually assaulted.
Injuries the officers' accuser reported and later testified to in court appeared more consistent with the officers' version of events, said Gower.
Both officers remain suspended with pay.
They declined comment on this afternoon's verdict.
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Comments (31)
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Peace on Mar 24, 2010 at 7:54 pm
Even though these two RCMPs were found not guilty of RAPE, they are still guilty of sexual favors from a marriad women of the community. We can plainly see in the comments that the majority of people look at RCMPs as great role models wether on duty or not. What does this kind of action from the RCMP tell people and our children in schools. Can we trust them or not.
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June Jackson on Mar 24, 2010 at 2:28 am
It is regretable that two young men made such a poor decision, i believe their career's are probably gone..But the woman's decisions were equally poor, and everyone has paid dearly for poor choices. (As a tax payer..even i paid for this.)
There are some harsh comments here, some deservedly so, some, just random judgements. But, as far as rape goes.. anytime a woman says 'no'..its no'...
A little off topic, but someone commented on prostitutes..my opinion is..its just another line of work.. no means no.
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SC on Mar 23, 2010 at 8:35 pm
Not surprised! In the last year I have known police officers to lie and keep information from the public!
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damien lankow on Mar 23, 2010 at 9:31 am
phillip is right, 100%
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Aw on Mar 23, 2010 at 7:32 am
Agreed CC, Philip, Damien
And I agree with most of what you said anonymous, except the part only drink with friends you can trust, they too may not be trustworthy. Putting decisions of your well being in anybody else's hands, especially when under the influence, is a risky endeavor.
On a sepearte note to the above:
My first thought to this whole story when it first came out was, There's a reason NOT to DRINK!.
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AW on Mar 23, 2010 at 7:25 am
Thumbs up to CC and Phillip...
"Bottom Line... a mixture of a marijuana joint and the amount of alcohol witnesses testified to her consuming, she was in no way able to make a conscious decision. "
And the RCMP, what is your training when encountering an intoxicated woman, whether you are off duty or on duty?
Answer: I know!!! I know!!!
Escort her to a safe place; like her home, the hopsital(if she exhibits any signs/risks for alcohol poisoning),and a jail cell (aka the drunk tank) until she sobers up, but only if she is a risk to others and herself.
BUT taking her to your bed or your house; Hmm... I didn't see that part in the training manuel or protocol.
Did they rape her...I don't know
Did they take advantage of her and the situation...Definitely.
Did they act unbecomingly as an officer of the law OFF duty...YES!!
On a side note, aren't RCMP officers trained to take the stand, make sure their side of the story corroborates(no holes, etc), they are trained to remain calm under pressure,to stand by their partner,and pass polygraph tests as part of recruitment?
In othere words, a lawyers dream for a client, as a witness, to take the stand. Even if she was telling the truth (which I couldn't say she was) she would have been no match for their testimony. As we have seen, in a court of law you are only as good as your witness is on the stand and the evidence(which didn't amount to much on either side). It all came down to who the judged believed in their testimony on the stand in this one.
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JE on Mar 23, 2010 at 3:01 am
philip,
I'm sure if it was being waved in your face you may have acted the same as the RCMP you are so quick to judge..
Look what this woman caused by simply not owning up to her mistake and telling her husband she simply cheated on him. She is disgusting in my opinion and should be forced to make a public apologie to the police for her not so honest actions.
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KC on Mar 22, 2010 at 6:29 am
I doubt that anyone who actually reads this judgment cover to cover, rather than relying on simplistic heuristics (i.e. cops destroy evidence, all allegations of sex assault are true), will finish without having a "reasonable doubt" or more about the officer's guilt. The Judge's reasoning was sound, and the complainant's story full of holes.
Even if this case raises public mistrust in the RCMP, and even if you think that the officers' conduct was reprehensible, wrongfully convicting them of sexual assault is not the answer. The criminal law should not be used for any ancillary purposes.
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Max on Mar 22, 2010 at 3:29 am
There was more than enough evidence shown at trial to show that this woman's behaviour was not only sexually encouraging, but predatory.
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philip on Mar 21, 2010 at 7:31 am
Joel,
You missed the whole point. Being a member of the RCMP is not just 'another job', it is a commitment to be an upstanding citicen and uphold the highest standards of society. Maybe the problem these days is that RCMP members consider it 'just another job'.
Do you or anyone else actually want drunken womanizers who mess around on thier wives to be responsible for maintaining the law in this country?
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snow one on Mar 20, 2010 at 2:47 am
The RCMP didn't make the evidence fit their stories, the accuser CHANGED her story numerous times. She didn't even tell the doctor she saw first the same story twice. It sounds like she freaked out about what she did and was scared her husband would find out so cried wolf. Her actions have done a disserve to all real victims!! If you look at the big picture and forget what the charges were for-- the judge looked at the story given by the accuser and that story didn't match up to the evidence found. THAT was how he did came to his judgement. Stop bringing in the careers of the defendents... she was a nurse - does that make it so we can' trust nurses now because she was inconsistent in her story? There are many people who drink and regret what they did while drunk- but to ruin someone's career and life because of a mistake in judgement is not the answer. You have to be accountable for your actions.
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Arn Anderson on Mar 19, 2010 at 5:06 am
The judge is a big maple leaf fan. The defense threatened that Wade Belak would return to the leafs if his brother was convicted so the judge made the call; to better the leafs.
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Joel on Mar 19, 2010 at 4:22 am
What does having sex and cheating on your wife have to do with being an RCMP officer? Or the president of the USA or Italy? Or a grcery store clerk? They are 2 totally unrelated things.
If they had been found guilty of sexual assault, they should be fired. Since they were not, their sexual relations should have nothing to do with their review.
If they were gay, would that warrant a review of their work? I doubt it. If they have bad judgment on sexual partners would that warrant a review? I guess it does.
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Nicole Kowalchuk on Mar 19, 2010 at 1:14 am
And of course there wouldnt be signs of rape, HELLO the RCMP investigates themselves so evidence will be tampered with. And so what if she was flirting with them at a party does that mean its okay to rape? I have a daughter and this makes me very angery that the people we are suppose to feel safe with are above the law, great justice system we have going on here. BRAVO!!!
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cc on Mar 18, 2010 at 12:39 pm
It is still rape as she had drank to much to make or give sound consent!!! anyone who knows anything about rape victims knows that her story is believable. ...but bottom line with booze and pot in her system she was not in a frame of mind to give proper consent BOTTOM LINE! and to have the RCMP officers...they SHOULD KNOW BETTER than to take advantage of that!...it is discusting what they did. Now their peers will probably give them relocation and maybe if were lucky a week suspension without pay....haha nice holiday they have had to this point.
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Kay on Mar 18, 2010 at 10:01 am
cops are allowed to fabricate stories and get paid to lie. so this doesnt surprise me.
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shenya on Mar 18, 2010 at 8:48 am
Quite the coincidence there was events about "Violence Against Women" the very day of the acquittal. Whom am I to turn to if I was to be victimize by asssault? Can "The Law" be trusted? Or, will I be victimized all over again.
With some comments We, as women will continue to be violently victimized!!
Its here, its everywhere. Its very much alive. Thank your mother for what she has done for you.
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francias pillman on Mar 18, 2010 at 7:43 am
Hi Bonnie. Prostitution is a victim-less crime. They choose that lifestyle, plain and simple. They deserve no sympathy. Funny how you act like they are the victim? Of what? Not being able to keep their legs closed to feed their drug habits. No one forces them, they choose to. And don't bother with the whole, PIMP thing, because that is one big conspiracy theory.
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philip on Mar 18, 2010 at 6:58 am
RCMP members are supposed to be role models and members of society that people look up to and kids aspire to become.
What a farce the whole RCMP organization is becoming right across the country.
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Thomas Brewer on Mar 18, 2010 at 6:49 am
@damien - grow up. adults do things that are selfish regardless of marital status or employer.
Sounds like this woman had some serious regrets about what she had done, and dragged two career cops into the muck to try and redeem herself.
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the con on Mar 17, 2010 at 11:16 am
I agree this is a good example of poor judgement but certainly not a crime. I suspect if these two individuals were not RCMP officers no charges would ever had been laid.
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Imagine that... on Mar 17, 2010 at 11:10 am
These kind of things happen all the time and no one ever hears about them. The only reason this ever came to light is because it was two cops. Two cops who no doubt regret a choice they made that night, but not two cops who held a girl down and raped her.
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Bonnie on Mar 17, 2010 at 9:02 am
Although cases may vary and this one actually seems somewhat legit, disturbing yes, but legit. Now they have to go in front of their 'peers' and be judged.
I have yet to see a member of the RCMP get anything more than a relocation.
And mosi, Prostitution victimless???!! Get out from under your rock and watch Human Trafficking or one the related documentaries on CBC's The Passionate Eye.
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anonymous on Mar 17, 2010 at 8:48 am
I actually agree that they are not guilty but do feel that they did not act like police officers are supposed to act off duty and therefore will suffer the consequences of their decisions.
The woman did not give the judge anything to go on with so many different stories and always contradicting herself. If it did happen (which I don't believe) it's not blaming the victim by saying that you have to stick to one story. How can you be believed when your story is constantly changing? Also, why put yourself in that situation?
Don't drink with people you don't trust (although you should be able to trust police officers more than the average person...though there are bad police officers) and remember to take care of yourself. You can really only count on yourself to make it home safe. Don't drink so much that you can't remember and protect your drink.
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jobe on Mar 17, 2010 at 8:46 am
When your husband finds out, of course you will do whatever means neccesary to hide the fact that you cheated on him. If there were no signs of rape... it wasnt a rape. I commend the job of the judge.
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Kelly on Mar 17, 2010 at 8:35 am
Women who lie about rape are despicable.
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John jack on Mar 16, 2010 at 11:23 pm
Oh Surprise!!!!!
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mosi on Mar 16, 2010 at 9:26 pm
Yahoo. I knew this would happen. Consensual sex, like Prostitution is always a victimless crime (except when children are involved).
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damien lankow on Mar 16, 2010 at 8:35 am
thats bs. is that the kind of people we want to "protect and serve" us. ones that try and get people to cheat on their husbands and have 3 somes
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Bill Miner on Mar 16, 2010 at 8:26 am
Guilty of poor judgement - yes, guilty of sexual assault - not a chance.
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lady of the lake on Mar 16, 2010 at 8:18 am
What a sad day for victims. Another example of RCMP officers being above the law.