SIU Concludes Investigation into Allegation of Inappropriate Sexual Conduct Involving a Former Member of the Guelph Police Service
Case Number: 08-OSA-145
"The contact between two teenage girls and the subject officer was consensual," said SIU Director Ian Scott. "There is no suggestion that the alleged complainants did not consent to any of the activity that took place with the subject officer, which occurred off-duty while the officer was a member of the police service."
Mr. Scott observed: "I am further satisfied that there are no reasonable grounds to believe the officer committed the offence of sexual exploitation set out in section 153 of the Criminal Code, which is not premised on a finding of non-consent. The offence, if it applied, could only apply in respect of one of the two complainants who was 17 years of age at the time. The other complainant was 19 years of age and therefore not captured by the provision."
"The evidence, however, indicates that the officer was neither in a position of trust or authority to the complainants at the time of the impugned conduct, nor that either complainant was exploited or dependent on the officer at the time, which are essential elements of the offence set out in section 153."
The SIU interviewed five police officers and eight civilians in the course of the investigation.
The subject officer resigned from the Guelph Police Service in July, 2008.
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
- consider whether an officer has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
- report the results of any investigations to the Attorney General.