kirk's Case — Sexual Assault & Threat — Police Report

Client:  Kirk K., Accused
Complainant:  Mia, Sister of Kirk's friend
Charges:  Sexual Assault and Utter Death Threat, Criminal Code

Police Report:  On 26 June 2004 at approximately 2300 hrs, police attended 4* R*** Drive in the town of East Gwillimbury in regard to a complaint of a sexual assault. The reporting party stated that his girlfriend had been raped.

Police spoke with the victim. She advised that there had been a party at their residence earlier in the day and the suspect was a friend of her sister's and she has known him for approximately four months. She advised that between 2100 and 2200 hrs, she voluntarily left her residence with the suspect, in his vehicle, to purchase cigarettes. They attended the store at Q*** Road and R*** Drive. After leaving the store, they went westbound on Q*** Road toward B*** Street. The suspect stated to the victim that he needed to go to the washroom and that he knew of a spot that he could go and there would be no traffic. The victim stated to the suspect, "I have to go home." The suspect responded, "It's only going to take a few minutes." He then drove to the dead-end of B*** Street.

At the end of B*** Street, the suspect exited the vehicle and urinated. The suspect got back into the truck and the two exchanged a short conversation regarding the victim's sister. The suspect then exited the vehicle, once again, and attended the passenger side of the truck and opened the door. He asked the victim to pull down her pants, saying, "I want to see your ass." The victim said, "No. I have to go home." The suspect then pulled the victim's pants down. The suspect proceeded to put his fingers in the victim's rectum and vagina. The suspect then attempted to put his penis in the victim's vagina, but was unsuccessful. The victim advised the reporting officer that she then fell to her knees in front of the victim and he grabbed the back of her head and forced her to perform oral sex. The victim advised that the suspect ejaculated onto the ground.

The suspect then drove the victim home. Just before the victim exited the vehicle, the suspect said to her, "If you tell anyone, I will hurt you and your daughter." When they pulled up to the residence, the victim's boyfriend was waiting outside for her. He was concerned. The suspect left after the victim got out of the vehicle.

The victim did not advise her boyfriend of this incident for about 45 minutes. It was at this time he notified police.

Police took the victim to York Central Hospital for the purposes of a rape kit. The rape kit was seized by police and placed in the One District drying room. C.I.B. was notified and they advised that they would interview the victim in the morning.

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On 29 June 2004, officers attended 5* L*** Avenue in regards to a sexual assault investigation.

Officers were advised that the suspect in this case was currently at this address. The officers were met on the ground floor by a witness who were led to the apartment. Once inside, C.I.B. officers identified themselves as the police to the suspect and requested the suspect to attend the hallway as there were other people in the apartment. The officer in charge in this incident advised the suspect that he was being arrested for sexual assault at which time he proceeded to read the accused his rights to counsel. Subsequently, the accused was cuffed and searched then transported to 1 district headquarters by uniform officer.

The suspect was booked, given an opportunity to speak with counsel, followed by the accused giving a video statement to the officer in charge. The accused will be held for a show-cause hearing on 30 June 2004.

**** COUNT #1 — SEXUAL ASSAULT ****

On 26 June 2004, the accused did sexually assault the victim by driving her to a secluded area in the town of East Gwillimbury at which time he forcefully digitally penetrated the victim vaginally and anally. The accused further attempted to have sexual intercourse with the victim, however, was unsuccessful. The accused also forcibly attempted to have the victim perform fellatio on the accused.

**** COUNT #2 — UTTERING THREATS ****

On 26 June 2004, after being sexually assaulted, the accused advised the victim that, if she had told anybody about the occurrence, he would hurt the victim or her daughter.

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