Waterloo Regional Police sergeant denies sexually assaulting woman

 

NEWS

TORONTO — A Waterloo Regional Police Service officer vehemently denies sexually assaulting a woman in Toronto 10 years ago.

The woman previously testified Sgt. Caleb Roy, who was off duty, forcibly removed her clothes and raped her in the bedroom of an apartment.

Defence lawyer Harry Black asked Roy in court on Wednesday whether he sexually assaulted her.

“I absolutely, a thousand per cent did not do anything like that,” Roy testified. “I did not do it.”

Roy was charged by the Special Investigations Unit in 2018. He has pleaded not guilty to sexual assault and is suspended with pay.

Roy, 55, testified he drove the woman to his friend’s apartment in Toronto in 2010. The three ordered in food and spent the night chatting, Roy said.

He testified he felt tired around 11:30 p.m. and went to bed. He said the woman and his friend continued to chat.

About an hour later, Roy said, the woman came to bed.

“She started kissing me,” he said. “She took her clothes off. I kissed her back. And then she was on top of me and we were having intercourse. But at a point I realized that this was going too far.

“I said to her: ‘Whoa, whoa, whoa, stop, stop, stop, I’m not ready for this. I didn’t bring any condoms with me.’

Resource : https://www.northumberlandnews.com/news-story/10280836-waterloo-regional-police-sergeant-denies-sexually-assaulting-woman/

Performance and Dependability of Caleb Roy

 Productivity/Quality

• Over 21 years of service with the WRPS Caleb Roy was a highly motivated and constructive member of the Service. He proudly represented the organization and led an example. 

• As a disciplined individual, Caleb Roy could successfully balance more than one priority daily and simultaneously looked for ways for improving the performance of the platoon and himself

Professional Appearance/Deportment/Positive Attitude

• As a representative of the management department of the Service, Caleb Roy ensured that the demonstrated verbally and acted the professional qualities as expected from a serving police officer.

• As an ex-member of the Drill Team at the Ontario Police College and a member of the WRPS Honour Guard, Caleb Roy exhibited a professional and positive attitude all through.

• Caleb Roy was nominated to provide security and crowd control for the Queen’s visit to Waterloo Region. I was assigned a professional duty in the VIP section at Research In Motion 

• For an entire week, Caleb Roy represented our Service with integrity and utmost professionalism while serving at the G20 Summit in Toronto

• Caleb Roy had attended the Auxiliary graduation in Orillia with Deputy Beckett, being a representative WRPS

Initiative

 

• Caleb Royal ways searched for opportunities to improve his services, the administrative support necessary to provide those services, and the working environment.  

Here are some situations where he had demonstrated initiative:

• After taking care of the operations of the Auxiliary Unit, Caleb Roy spent time in the Community Resources to develop and implement multiple initiatives for improving professionalism. He tried to create a service complementary in multiple ways to that of the sworn members of WRPS

• Caleb Roy had developed a two-day course for Interpreter Training in partnership with the YMCA. They had trained nearly 80 Interpreters and developed a certification program. It became a widely recognized program.

• Caleb Roy also presented a 15 weeks of in-service training program to all the members of WRPS for exhibiting the proper use of Interpreters.

• Caleb Roy also assisted the Language Line Service, a new forum which associated with the interpretation service.   He studied the service in-depth, surveyed other participants like Peel and Toronto. Caleb also met the Sales Representative Bruce Link letter, invited him to come to the headquarters and demonstrate the program. Besides these, he worked out the logistics, and helped implement the program in our Service. The program enabled the organization of the North American police to find access the 1400 interpreters via telephone within 10 seconds

• Caleb Roy had introduced, systematically organized, and regulated the annual Auxiliary appreciation breakfasts.   He also assisted throughout the planning sessions and organized the Auxiliary Christmas Dinner, AGM, and chaired similar events.

• While serving the in Community Resources, Caleb Roy started a program of Coach Officers for the newly recruited Auxiliary Officers

• Caleb Roy also participated in several team building activities. He planned a volleyball game within the Auxiliary Unit to boost the team building spirit.

• Caleb Roy formulated new interview questions and a well-researched Pre Background Questionnaire to facilitate the recruitment process of the new Auxiliary Officers 

• Caleb Roy developed a new promotional process for Auxiliary Officers. He designed a professional policy and procedure exam, interview questions to streamline the process. The interview process was made similar to that of the sworn Officers for better performance.

• Caleb Roy requested to organize a meeting with Lee Fitzpatrick, Supt, Zehr, and Peter Pennington regarding the alterations in the Auxiliary uniform. It included the addition of Auxiliary tags on all shirts, jackets, and sweaters. It helped in clear identification and facilitated the safety measures. After the meeting it was agreed that the badges would be added as it reduced the service liability. 

• Caleb Roy strategically planned, organized, and hosted the first Auxiliary information exchange session to share the strategies, concerning issues, and ideal practices. The representatives of the OPP, Toronto, Peel, and London Services attended and these sessions continue to date.

• Soon after joining Community Resources, Caleb Roy recognized that five Community Resource Officers had different timing for the start and end of shift times while serving in the schools.   He consulted with the Supervisors and regularized everyone’s schedule into the constant 5 – 8 shifts. He did it to bring consistency to the service and to improve the overall performance of the services provided to the schools and other community partners.

• Caleb Roy also introduced the custom of morning briefings in Community Resources to ensure information sharing, review the events of the previous day, and plan the execution model for the current day.

• Caleb Roy initiated the information-gathering process related to the WRPS partnership alongside the Block Parent Program as there were potential risks. The program did not have a proper recruiting setup, and the information was misrepresented. Caleb Roy also briefed Chief Torigian, Deputy Thomlison, and Deputy Beckett about the potential risks. Consequently, the exclusive partnership with the Block Parent organization got cancelled.

• Caleb Roy researched and recognized that the Service’s internal examination had a few issues regarding the inclusion of some of the procedural questions in the exam paper.  He came forward with crucial suggestions and sought advice from the superiors. Caleb Roy re-designed and moderated the study package to ensure a better examination pattern.

• For the promotional examination, Caleb Roy took the initiative to organize a study group for better performance. Everyone in his group got benefitted through the study sessions and passed with a high score.

Demonstrates and Promotes Ethical Behavior of Caleb Roy

 Ability to Act Ethically or Professionally – Intermediate managers, as professionals in the Police department must possess a high degree of personal honor for maintaining public confidence.  They need to be aware and impartial on diverse and critical issues like - native rights, environmental concerns, labor issues, abortion and euthanasia.  The intermediate managers should encourage and uphold a behavioral standard reflecting the code of conduct, as established for Polices in Ontario. They need to operate systematically to reflect the value attached to the actions.

Respects the Rights and Dignity of Others

 

• Caleb Roy has treated everyone with respect and dignity. The region of Waterloo exhibits a diverse community. He specialized in comprehending the challenges faced by many immigrants and long-term residents who were from his background and actively participated in various community groups and committees, including the WRPS Diversity Committee. He also had previous involvements with other community organizations like: Kitchener Multicultural Center, New Canadian Program, The YMCA.

 

• Caleb Roy was asked by the Cross Cultures to participate in the event of the International Day for Elimination of Racial Discrimination. It took place at the Kitchener City Hall.

 

• Caleb Roy was asked by the HR to take part in the photo shoot program for recruiting the purposes and assisted during the interviews as and when required. He was well-recognized for his impartiality and open-mindedness all through the interview process.

 

• Caleb Roy practiced ethical behavior in teaching and preferred to set the right example, regardless of the duty hours.  He maintained utmost professionalism and to treat other people with utmost respect, honor and courtesy.

 

• Caleb Roy rode his bike off duty on University Avenue in Waterloo and came across a couple amidst a domestic dispute on the pavement.   He stopped there, introduced himself as the police officer, and enquired about how he could assist them. The woman indicated to Caleb Roy said that she was assaulted.   The male suspect got furious, tried to get away. He had tried to arrest and calm him, the female victim turned on him as well.  At last, he could calm both of them until the patrol officers arrived there and pursued the investigation process.

 

Integrity/Honesty/Fairness (role model)

 

• Caleb Roy takes pride in calling myself a polite, truthful, courteous, and well spoken, present himself with integrity and professionalism at all times

 

• When he took the professional responsibility for the Auxiliary Unit as the Sergeant in the Community Resources, he established my credibility by introducing changes for the better. With the team, he provided and implemented multiple disciplinary steps with individual officers that were crucial. Within a few months he realized that there were multiple attendance and disciplinary concerns that required attention.

 

• Through the preliminary meetings he could relay to the Auxiliary Unit that everyone must be treated wit him partiality and honesty, and any sort of inappropriate behavior would not be endured.

 

• Caleb Roy met A/Cst Steve Faria, and spoke regarding his non-attendance for the last two years. Steve wanted to apply for the professional position of a Constable with our Service and was denied the position. The incident made him bitter.   Thus, he lost interest in the Auxiliary Unit.   Through further discussions with A/Cst. Steve Faria, his lies were trapped and he was asked to resign.

 

• Caleb Roy met with A/Cst Craig Calver, who did not attend events and did not respond to the correspondence.  He was also told to resign from the position.

 

• Caleb Roy received some pieces of information through a few of the Auxiliary officers. The information was related to an inappropriate video made by the Auxiliary officers. It was circulating among the Unit members.   He was worried that it was inappropriate and could potentially disrepute the Unit.   So, he spoke to Supt. Chalk regarding this video consisting chip ‘n dale dancers with Auxiliary Officers heads on them.   It was meant to be a mockery, so a verbal warning was given as an action against the video circulation.

 

• Despitealerting the Auxiliary Unit during the meetings on the use and misuse of social media platform like Facebook, two Auxiliary Officers were asked by Caleb Roy to resign for their actions. They posted pictures on Facebook while wearing the police equipment and were drinking alcohol (A/Cst Marc Dittman and A/Cst Nigel Hay).   These inappropriate pictures were taken off the social media wall immediately, eliminating the chances of further embarrassment to the Service and to the Auxiliary Unit.

 

• Caleb Roy facilitated the resignation of A/Cst Jeremy McNeil as there was a lack of participation in two years.

 

• As a member of the Diversity Committee Caleb Roy was mindful of the fair treatment of every member of the Auxiliary Unit.   He facilitated a complaint from A/Cst Michelle Tomko, who complained about unjustified treatment by Central Division Auxiliary Supervisors.   She thought she was getting targeted for being a member of the lesbian community.   Caleb Roy understood the severity of this complaint and immediately made the supervisor, Mr. Lee Fitzpatrick, aware of the critical situation and took action against it.   He had arranged a meeting with the three Supervisors; As a consequence of the meeting, an apology was given and accepted by A/Cst Tomko.   She wanted to get transferred to North Division, which was accommodated.

 

• Caleb Roy had interviewed A/Cst Ray Swindel for the allegations of misconduct and associations with the members of the Biker gang. After the interview, Ray resigned.

 

• Caleb Roy had interviewed A/S/Sgt John Arnold regarding certain disciplinary issues.   John was disobliging with Cst Jason Boucher regarding the note book checks. A verbal warning was provided to him. There were additional disciplinary issues for which John was asked to resign.

 

• Caleb Roy had investigated my platoon in Central Division for circulating inappropriate pictures.   The confidential piece of information was brought to his attention about the platoon officers getting involved in supplying and creating inappropriate posters of other members of the platoon.   There were two security officers who were part of this incident.   Caleb Roy took instant action and was asked by Supt. Darmon to review the matter and revert to him with the reports.   Even though the pictures were made as a practical joke that had gone too far, the four officers from the platoon and the security officers from The Bay were disciplined.

Regional police sergeant’s trial: Defence alleges it was consensual sex

 The defence lawyer for a Waterloo Regional Police sergeant again suggested in court that the woman who accuses the officer of sexual assault is not telling the truth.

The woman previously testified she was raped by Sgt. Caleb Roy, a 26-year veteran of the police service who was off duty at the time, in the bedroom of a Toronto apartment in 2010. Roy, charged by the Special Investigations Unit in 2018, has pleaded not guilty to sexual assault.

In cross-examination last week, defence lawyer Harry Black accused the woman of lying. He repeated the allegation on Tuesday.

“I’m suggesting the incident with Mr. Roy was not as you have described it but that it was a consensual act of intimacy initiated by yourself,” Black said.

“No,” the woman replied.

Black suggested Roy asked her if she was taking birth control pills.

“No,” the woman said.

“And you told him ‘yes,’” Black said.

“No,” the woman replied.

Black went on to allege the woman told Roy a week later that she actually wasn’t taking birth control pills but said she was because she “didn’t want to spoil the moment.”

“That’s not true,” she said.

The woman previously said there was another man in the apartment when she was allegedly attacked. She said she never told the man about the alleged rape.

The woman testified she had a sexual relationship with Roy after the alleged attack on the understanding he would help her get a job.

Black alleged Roy terminated the relationship. The woman said that’s false.

“It fizzled out, it ended,” she said.

Black suggested the sexual relationship lasted longer than she claims.

The defence lawyer also alleged the woman had spoken about marrying Roy. She denied it.

“You talked about getting married and buying a house together,” he said.

“No,” she replied.

Black asked her whether it has crossed her mind that if Roy is found guilty, she could sue him.

“That is not my intention,” she said. “That is not why I’m here.”

“Do you ever think about that?” he asked.

“I do not think about that,” she said.

The judge-alone trial in Toronto continues on Wednesday.

 

Resource: https://www.insidehalton.com/news-story/10280011-regional-police-sergeant-s-trial-defence-alleges-it-was-consensual-sex/

Former Waterloo Regional Police sergeant found not guilty of sexual assault

 

A former Waterloo Regional Police officer has been found not guilty of sexually assaulting a woman in 2010.

The Crown had alleged Sgt. Caleb Roy, 55, sexually assaulted her in his friend’s Toronto condo. Roy said it was consensual sex.

On Friday, Justice Katherine Corrick found Roy not guilty.

“After considering (her) and Mr. Roy’s evidence in the context of all of the evidence, I am not satisfied beyond a reasonable doubt that Mr. Roy sexually assaulted (her) and I therefore find him not guilty,” the judge said.

A court order bans publication of any information that could identify the woman.

Roy was an off-duty sergeant at the time. At the end of last year, he retired “after 30 years and one month of service, as he had always intended to do,” defence lawyer Harry Black said in an email to the Record. “His decision to retire had nothing to do with the case.”

At the trial in Toronto, Roy testified he was tired and went to sleep in the only bedroom in the condo. He said the woman came in, took off her clothes and initiated sexual intercourse.

The woman alleged Roy pushed her into the bedroom and raped her.

Roy’s friend, a Toronto police officer, was in the small condo at the time and testified he did not hear or see anything that would suggest Roy sexually assaulted the woman.

Crown prosecutor Katherine Beaudoin said the friend’s testimony can’t be trusted because his loyalty is to Roy.

“In other words, Ms. Beaudoin submits that (Roy’s friend) perjured himself before me to help a friend who he knows sexually assaulted a woman in his home,” the judge said. “I reject that submission.”

Corrick said she found the friend to be a credible witness.

“His evidence supported the evidence of Mr. Roy about what happened in his apartment that night,” the judge said.

Black, Roy’s defence lawyer, asked in closing arguments why Roy would choose the home of a close friend and a police officer to commit a sexual assault.

“It is a story that makes no sense,” Black said. “It is completely implausible.”

Roy was suspended with pay after being charged by the Special Investigations Unit in 2018.

Black noted that after the alleged attack, the woman did not flee and did not call the police or an Uber. The Crown said it’s impossible to predict how a sexual assault victim might react.

The woman suggested in an interview with the SIU that she put on her clothes after the alleged attack and fell asleep in the bed with Roy, Black said. At trial, she said she lay on the bed but did not fall asleep.

The woman said Roy drove her home in the morning after the alleged attack. She said he insinuated he could help her look for a job if they had a relationship. Roy denied making the insinuation. They had a sexual relationship for months after the alleged assault.

The judge said she had a concern about the woman’s credibility.

”My concern arises out of the inconsistencies in her evidence about the relationship and the fact that she attempts to minimize it and distance herself from Mr. Roy,” Corrick said. “(She) was also evasive about other events that I would expect that she would remember.”

The judge ruled the Crown failed to prove the charge beyond a reasonable doubt.

“Cases such as this where two people give opposing versions of an event are the most difficult cases for a trial judge to assess,” Corrick said.

“No one, other than (the woman) and Mr. Roy, knows for certain what went on in that bedroom that night.”

Resource: https://www.thespec.com/tr/news/waterloo-region/2021/02/05/waterloo-regional-police-sergeant-found-not-guilty-of-sexual-assault.html

Final arguments in police sergeant’s sexual assault trial

 A Waterloo Regional Police officer says it was consensual sex. The woman says it was sexual assault. A judge will deliver her verdict on Feb. 5.

Sgt. Caleb Roy, 55, has pleaded not guilty to sexually assaulting the woman in 2010 in his friend’s Toronto condo. He was off duty at the time.

Roy testified he was tired and went to sleep in the only bedroom in the condo. The woman, he said, came in, took off her clothes and initiated sexual intercourse.

Crown prosecutor Katherine Beaudoin alleged a much different version of events.

“This case, in my submission, has all the hallmarks of a set-up,” she told Justice Katherine Corrick in closing arguments on Tuesday in Toronto.

The Crown alleges Roy wanted to have sex with her that night and asked her if she wanted to go to Toronto to celebrate his birthday with an outing with friends. He knew she would agree, Beaudoin said.

“And instead what he does is he brings her to his friend’s condo in Toronto, a friend that is loyal to him that he knew would keep his secrets and protect his interests,” she said.

“As the night came to a close, Mr. Roy manufactured a reason to sleep at his friend’s condo and he tried to cajole (her) into the bedroom. And when she resisted, and continually resisted, he forced himself upon her.”

Defence lawyer Harry Black, in closing arguments, asked why Roy would choose the home of a close friend, who is also a police officer, to commit a sexual assault.

“It is a story that makes no sense,” Black said. “It is completely implausible.”

Roy’s friend was in the small condo at the time of the alleged attack.

Roy was charged by the Special Investigations Unit in 2018 and is suspended with pay.

The sergeant testified he and the woman kissed once in the days leading up to the Toronto visit. He said he viewed the trip as a date, although he did not tell her it was a date.

The woman testified that before the alleged attack, she had planned to sleep on the couch but said Roy encouraged her to sleep in the bedroom.

“He was basically pulling/escorting me off the couch, saying, ‘Don’t be silly, just go sleep in (the bedroom),’” the woman said.

She testified Roy pushed her into the bedroom and raped her.

“According to the complainant, Mr. Roy, without any warning, acted much like Dr. Jekyll and Mr. Hyde,” Black said. “A man who she had described in the most positive terms suddenly turned on her and without warning committed a series of violent sexual assaults.

“If such a thing were to happen, one might have thought that flight would be one reaction, to ensure there would be no continuation or repetition of the assaults.”

Black noted that after the alleged attack, the woman did not flee and did not call the police or an Uber. The Crown said it’s impossible to predict how a sexual assault victim might react.

The woman, whose identity is protected by a publication ban, suggested in an interview with the SIU that she put on her clothes after the alleged attack and fell asleep in the bed with Roy, Black said. At trial she said she lay on the bed but did not fall asleep.

“It is submitted that she changed her testimony at this trial because of the concern that a reasonable person might find it surprising that someone who was physically assaulted in the manner she described would have fallen asleep in the same bed as his or her attacker,” Black said.

Roy’s friend testified he did not hear or see anything that would suggest Roy sexually assaulted the woman. The Crown said the friend’s testimony can’t be trusted. The friend said the assertion that “his loyalty was to his friend and not the justice system was an insult,” Black said.

The woman said Roy drove her home in the morning after the alleged attack. She said he insinuated he could help her look for a job if they had a relationship. Roy denied making the insinuation. They had a sexual relationship for months after the alleged assault.

Gordon Paul is a Waterloo Region-based reporter focusing on crime for The Record.

Resource: https://www.northbaynipissing.com/news-story/10290598-final-arguments-in-police-sergeant-s-sexual-assault-trial/

WRPS officer accused of sexual assault and alleged victim maintained relationship, court hears

 Officer pleading not guilty to sexual assault related to alleged incident in 2010

A Toronto courtroom heard on Tuesday new details about the relationship between a Waterloo Region Police Service (WRPS) sergeant and the woman alleging he sexually assaulted her.

Sgt. Caleb Roy is pleading not guilty to sexual assault related to an incident in October 2010. He has been suspended with pay, as per the Police Service Act. 

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Waterloo Regional Police Sgt. Caleb Roy was charged with sexual assault after a woman said she accompanied Roy in October 2010 to what she thought would be a night out in Toronto. But instead she alleged Roy took her to his friend's condominium where Roy pulled her into the bedroom where he allegedly raped her. Read all of CBC's trial coverage here.

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The woman, whose identity is protected by a publication ban, said she accompanied Roy a decade ago to what she thought would be a night out in Toronto, but instead she alleged Roy took her to his friend's condominium, where they spent the night drinking beer. She testified she tried to sleep on the couch, but Roy allegedly pulled her into the bedroom where he raped her.

Meanwhile Roy's lawyer, Harry Black, said his client's testimony suggested it was actually the alleged victim who had initiated sex that night. 

Relationship details 

Black questioned the woman on Tuesday about statements she made in a preliminary hearing. 

It's agreed that following the alleged incident in 2010, both Roy and the woman maintained a sexual relationship for some time. The woman said she did so because Roy had indicated he would help her with a job. The woman said the sexual relationship eventually turned into a platonic friendship and fizzled out completely. 

Black questioned the woman about her alleged conduct following the incident in question. 

He said, according to Roy, the woman would invite Roy to exercise together, challenge him to race and often wrestle one other. The woman said she doesn't recall.

Black said the woman invited Roy to her house several times and kept a bottle of rum for him there. He said the woman gave Roy a key to her house before Christmas the same year of the incident. The woman confirmed those statements.

"I did many things at that time that I'm not proud of that. I can't try to explain other than I had an end game and I think I made that very clear," the woman said in court on Tuesday. 

Black said the woman introduced Roy to her young daughter and some friends. He said the woman's daughter spent an evening at Roy's house because the woman wanted to go out dancing. The woman confirmed those statements. 

Submission in question

It was agreed both Roy and the woman exchanged gifts.

To that admission, Black reflected on the woman's previous testimony and said to her, "you said … deep down inside every time I saw him I could never forget what he could have done and I would think to myself, he raped me. This sort of gift giving doesn't sound much like a person who had those feelings, does it?"

• Sex assault allegation untrue, lawyer for Sgt. Caleb Roy asserts in court

• Court hears graphic details of alleged sexual assault involving WRPS officer

That's when Crown Katherine Beaudoin objected and said, "while I appreciate the submission [Black] wants to make … that [the woman's] conduct after the fact and the relationship with this gentleman is not consistent with someone who was ... sexually assaulted … That's a problematic submission. It's well known that sexual assault complainants don't act in a predetermined way."

Black argued that was not his intention and that the woman's actions seem inconsistent with what she said her feelings were.

Black said there was a discrepancy between what the woman testified about the timeline of the relationship versus what she said in an email. Black said the woman had testified the relationship had ended in 2012, but an email suggested 2011.

CBC News is not reporting some details and events that could potentially identify the alleged victim. 

Original resource: https://www.cbc.ca/news/canada/kitchener-waterloo/waterloo-caleb-roy-officer-sexual-assault-trial-1.5824219 

Former WRPS sergeant acquitted of criminal charges

 A former Waterloo Regional Police sergeant has been acquitted on charges laid nearly four years ago.

Caleb Roy was found not guilty on one count of sexual assault and one count of breach of trust.

The decision was handed down in a Toronto courtroom Friday afternoon.

The incident was alleged to have happened in 2010, but wasn’t reported until November 2017.

Harry Black, Caleb Roy’s defence lawyer, says “it’s been a bitter experience” for Roy.

He tells CTV News that Roy has retired, but that had nothing to do with the criminal proceedings.

The Crown Attorney’s office would not comment on the matter as it is now in the appeal period.

Original resource: https://kitchener.ctvnews.ca/former-wrps-sergeant-acquitted-of-criminal-charges-1.5298249?cache=%3FclipId%3D104062

Former Waterloo Regional Police sergeant found not guilty of sexual assault

A former Waterloo Regional Police officer has been found not guilty of sexually assaulting a woman in 2010.

The Crown had alleged Sgt. Caleb Roy, 55, sexually assaulted her in his friend’s Toronto condo. Roy said it was consensual sex.

On Friday, Justice Katherine Corrick found Roy not guilty.

“After considering (her) and Mr. Roy’s evidence in the context of all of the evidence, I am not satisfied beyond a reasonable doubt that Mr. Roy sexually assaulted (her) and I therefore find him not guilty,” the judge said.

A court order bans publication of any information that could identify the woman.

Roy was an off-duty sergeant at the time. At the end of last year, he retired “after 30 years and one month of service, as he had always intended to do,” defence lawyer Harry Black said in an email to the Record. “His decision to retire had nothing to do with the case.”

At the trial in Toronto, Roy testified he was tired and went to sleep in the only bedroom in the condo. He said the woman came in, took off her clothes and initiated sexual intercourse.

The woman alleged Roy pushed her into the bedroom and raped her.

Roy’s friend, a Toronto police officer, was in the small condo at the time and testified he did not hear or see anything that would suggest Roy sexually assaulted the woman.

Crown prosecutor Katherine Beaudoin said the friend’s testimony can’t be trusted because his loyalty is to Roy.

“In other words, Ms. Beaudoin submits that (Roy’s friend) perjured himself before me to help a friend who he knows sexually assaulted a woman in his home,” the judge said. “I reject that submission.”

Corrick said she found the friend to be a credible witness.

“His evidence supported the evidence of Mr. Roy about what happened in his apartment that night,” the judge said.

Black, Roy’s defence lawyer, asked in closing arguments why Roy would choose the home of a close friend and a police officer to commit a sexual assault.

“It is a story that makes no sense,” Black said. “It is completely implausible.”

Roy was suspended with pay after being charged by the Special Investigations Unit in 2018.

Black noted that after the alleged attack, the woman did not flee and did not call the police or an Uber. The Crown said it’s impossible to predict how a sexual assault victim might react.

The woman suggested in an interview with the SIU that she put on her clothes after the alleged attack and fell asleep in the bed with Roy, Black said. At trial, she said she lay on the bed but did not fall asleep.

The woman said Roy drove her home in the morning after the alleged attack. She said he insinuated he could help her look for a job if they had a relationship. Roy denied making the insinuation. They had a sexual relationship for months after the alleged assault.

The judge said she had a concern about the woman’s credibility.

”My concern arises out of the inconsistencies in her evidence about the relationship and the fact that she attempts to minimize it and distance herself from Mr. Roy,” Corrick said. “(She) was also evasive about other events that I would expect that she would remember.”

The judge ruled the Crown failed to prove the charge beyond a reasonable doubt.

“Cases such as this where two people give opposing versions of an event are the most difficult cases for a trial judge to assess,” Corrick said.

“No one, other than (the woman) and Mr. Roy, knows for certain what went on in that bedroom that night.”

Original Resource: https://www.caledonenterprise.com/news-story/10324911-update-former-waterloo-regional-police-sergeant-found-not-guilty-of-sexual-assault/