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Areef's Case — Sexual Interference — Police Report Client: Areef T., Accused Police Report: On 7 May 2004 York Regional Police 2 C.I.B. office was notified by York Region Children's Aid Society of a disclosure involving a sex assault on a ten year old female. The investigating officer contacted the victim's family and arrangements were made for the victim to attend 2 District for a video statement. It was learned the victim disclosed information about ongoing sexual assault to her mother while driving home from a trip to North Carolina. As a result of this disclosure, the family notified the police. Police took a statement from the victim's mother. The victim reported to police that, from the fall of 1996 when she was in first grade till the spring of 1999, she had been sexually abused by the suspect. The victim advised police that she had initially met the suspect when she was in senior kindergarten. In the fall of 1996, the suspect frequently visited her home. It was learned that the suspect was employed by the victim's parents. The suspect worked for them in their home office and the office area that he worked in was the basement of the victim's home. The victim reports that on numerous occasions, while the suspect worked in the basement, she would attend in the basement area. The suspect approached the victim and asked her to pull her pants down. The victim reports remembering the episodes occurring behind the bar area in the basement. The victim was made to lie down on her back with her pants down around her knees and the suspect would digitally penetrate her. The victim also reported that the suspect would expose his penis and tell her to rub it. The victim reports shame and embarrassment as a result of these acts. The victim reports the abuse started as she entered the first grade, that being the fall of 1996. The abuse continued until the end of the third grade. That being the Spring of 1999. The victim went on to tell police that her father had moved the business to a building and that at the start of Grade 4, that being September of 1999, she visited the new office where she was approached by the suspect who asked her to perform sexual acts on him. The victim remembers telling the suspect that there were cameras and she could not do it. She reports that there was no sexual contact on this occasion. The victim reports the last time she saw the suspect was in May of 1999 at her father's birthday party. She told police that the sexual abuse stopped at the end of Grade 3, that being the Spring of 1999. While speaking with police, the victim was very clear and provided accurate details indicating that she had been sexually abused. The suspect is known to her and is a family friend/employee of her parents. She reports that during the incidents of sexual abuse at the hands of the suspect, her mother was present in the home, but was in the upstairs area of the home. This young victim disclosed this information for the first time on 2 January 2004 as the family returned home from North Carolina. The reporting party, the victim's mother, advised police that the victim had disclosed to her that the suspect had shown her pictures of little girls performing sexual acts on adult males. ARREST SYNOPSIS On 8 January 2004, D.C. McVicar #522 and D.C. Wright #927 attended to a residence at 744 I*** Road in the City of Toronto to locate the suspect in this matter. At 1707 hours the officers were advised by the suspect's mother-in-law of his impending return at approximately 1800 hours. At 1815 officers returned to this residence and were invited in by the suspect. He verbally identified himself and the officers indentified themselves by badge and warrant card. He was advised by D.C. Wright that he was under arrest for sexual assault on S*** Q*** and verbally cautioned. He understood both the arrest and caution. The accused's [young] son was in a nearby family room under the care of his grandmother. The accused's partner was not due home until approximately 2000 hours. Det. McVicar discussed the allegations of sexual assault, sexual interference, and invitation to sexual touching with him during which time it was observed that the accused was listening intently and nodding his head in agreement. He displayed no outcry, objection or shock, however, did appear nervous at the officers' visit, noted by trembling hands and dry mouth. The officers provided information to the accused, explaining the Court proceedings, the charge process, and upon conviction, the sexual offender registry and DNA offender data bank. He appeared to understand the information the officers were sharing. The officers escorted the accused to their detective car and once inside, D.C. Wright read the arrest, rights to counsel from his notebook. The accused verbally confirmed he understood and advised he did not have his own lawyer but did indicate he would like to speak to duty counsel. The officer read the caution to him and officers explained in plain language which he understood. The accused was brought to 2 District for processing and at 1925 hours, was paraded by booking officer Sgt. Lewis. At 1939, Mr. Rayner, a duty counsel, called and the accused spoke to this lawyer in private. At 1955 hours, the accused spoke to Det. McVicar in video room #1 after being advised he was on video. The accused was apprised of the Form 10 and Form 11 process. Det. McVicar reviewed the allegations against the accused. The accused again nodded in an affirmative manner while these were being discussed on videotape. His objection, "someone is trying to set me up" was not backed up when challenged. Further discussion was curtailed after the accused advised he would not make further comments on the advice of duty counsel and did not wish to make a statement at this time. At 2050 hours the accused was released by police by Staff Sgt. Miner on a Form 10 and Form 11.1, the conditions of which are listed below. The accused was returned to his residence by police. SYNOPSIS FOR A GUILTY PLEA Count 1- SEXUAL ASSAULT Between 1 August 1996 and 30 June 1999 the accused sexually assaulted S*** Q*** on numerous occasions inside her family dwelling in the City of Richmond Hill where the accused was employed by her parents. Count 2 - SEXUAL INTERFERENCE Between 1 September 1996 and 30 June 1999 in the City of Richmond Hill, the accused did for a sexual purpose touch with a part of his body, fingers, the body of a person under the age of 14, S*** Q***, by inserting his digits in her vagina, contrary to the Criminal Code, section 151. This offence occurred within the stated times on numerous occasions. Count 3 - INVITATION TO SEXUAL TOUCHING Between 2 September 2002 and 31 October 2002 in the City of Richmond Hill, the accused did for a sexual purpose, invite a person under the age of 14 years, the victim E*** N*** to touch directly with a part of the body, his penis, the body of the accused, contrary to the Criminal Code, section 152. Form 11.1 Conditions 1. Remain in the Greater Toronto Area |
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