Damian's Case — Assault & Sexual Assault — Police Report

Client:  Damian K., Accused
Complainant:  Sienna, Damian's wife
Charges:  Assault and Sexual Assault

Police Report:  Damian K. and Sienna K. have been married for 19 years. They have two teenage children and all parties reside at 568 Verdi Street in the city of Richmond Hill. They have separated twice in the past 5 years and York Regional Police have attended their residence twice in regards to domestic incidents.

On 6 March 2006, Damian K. attended 4 District, York Regional Police to report a domestic incident. Police advised that due to the volume of calls they would attend his residence to take a report.

At 22:15 hours on 6 March 2006, Police attended 568 Verdi Street in the city of Richmond Hill to speak with the complainant. On scene, the Police were greeted at the door by his wife, Sienna K. Police spoke with both parties. Damian initially started to explain his complaint to Police that he was assaulted by his wife that morning, but would not explain the assault any further when questioned by officers. He advised Police that he is a Peel Regional Police Auxiliary officer for the past 6 years.

Police began speaking with Sienna. She advised that he had assaulted her that morning and she scratched him in self-defence. She proceeded to tell officers that he has been abusing her physically and mentally for a long period of time. She then indicated that he recently forced himself on her and sexually assaulted her.

Consequently, both parties were placed under arrest for assault and cautioned. While both parties were still in the residence, Damian was attempting to persuade Sienna to tell Police that he never assaulted her. He said, "tell them I never touched you." Police had to remove Damian from the residence as he continuously told Sienna to change her story so as to not implicate him.

Sienna and Damian were cautioned and transported to 4 District. Both parties spoke with duty counsel.

Sienna spoke with officers at 4 District and indicated that she was sexually assaulted between 27 February 2006 and 2 March 2006. She advised Police that on 6 March 2006 she met with a lawyer about separating from her husband. She returned home to have dinner with her children then left to attend a family member's home. Her husband called her on her cell phone to ask her whereabouts. When she wouldn't tell him where she was, he accused her of cheating on him and said that he was going to call the Police and tell them that she scratched him earlier that day.

Police re-attended the residence as requested by Peel Regional Police to retrieve use of force equipment as well as badge and ID card for Damian K. While at the residence, Police took statements from both teenage children, Dallas K., 15 years, and Selma K., 14 years. They advised Police their father Damian is controlling and witnessed him assaulting their mother, Sienna, for years. Damian has been known to check her cell phone while she is in the shower.

At this point, officers at 4 District were notified and told Sienna that she was no longer an accused, but a victim of assault and sexual assault. She was then put in contact with duty counsel again in an attempt to obtain a full and complete statement of events.

Sienna appeared scared to comment on the events and thus made it very difficult for officers to get a complete statement.

Sienna was subsequently released unconditionally and Damian is held for a show-cause hearing.

CAS was notified.

A premise history was added.

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