Summer's Case — Domestic Violence — Police Report

Client:  Summer S., Complainant
Accused:  Drake, Summer's ex-spouse

Charges:  assault, assault causing bodily harm, threaten death, sexual assault, forcible confinement, fail to comply with recognizance

Police Report (4 January 2002):  The victim and the accused were in a common-law relationship for over the last year and a half. They reside at 852 Bumblebee Avenue in Toronto. The victim has two daughters aged 14 and 16 that also reside with them.

On 28 December 2001 the accused and victim were in their car at the rear of 852 Bumblebee Avenue in Toronto. They were about to leave for work and became embroiled in an argument over the accused getting a job.

The accused became physical and punched the victim on the left leg. This was not reported as the victim was afraid of the accused.

On Friday, January 4th, 2002, at 9:30 a.m., the accused and the victim once again got into their vehicle at the rear of 852 Bumblebee Avenue. The accused was driving the victim to work in Markham, Ontario. During the drive, the two became involved in another argument and once again the accused began punching the victim about the legs. The victim attempted to stop the blows. Then the accused punched the victim on the right side of the face causing minor swelling to her right cheek.

The pair arrived at the Markham work address. The accused told the victim, "You think I am afraid of the police? I am going to kill you and take you into the police station and leave you there."

The accused left the victim at work. The victim later reported the incidents to police.

The accused was arrested and charged accordingly.

Computer checks revealed that the accused is also wanted on an immigration warrant.

Injuries:  Bruises to left leg and swelling to right cheek.

Police Report (26 January 2003):  The accused and the victim have been involved in a common-law relationship for the past two years. They first met around that time while they were both students taking ESL and computer courses.

The accused is a refugee claimant from El Salvador. There is however, a Canada wide removal order against him.

The victim has two daughters from her previous relationship, aged 15 years and 17 years respectively. The younger daughter stays with her mother. The victim also has a four-month old son with the accused; he, however, does not contribute towards any support.

The victim has recently learned that the accused was (and still is) married to another female while continuing a relationship with her. This relationship has not been verified.

The victim describes her relationship with the accused as that of constant abuse. The accused would physically assault and threaten the victim at the slightest provocation. These assaults would be of such force that the victim would normally end up with some bruising. The victim would not disclose these assaults due to a genuine fear of the accused. She would always make up some excuse when her daughters questioned her about the bruising. She would also never attend a medical facility as she feared she then would have to disclose the assaults.

The victim finally found courage to report to the police. In January 2002, the accused was charged with numerous offence. The accused has continued to blame her for the assaults and putting him in the predicament he now faces.

On 25 December 2002 at about 5:30 p.m., the victim was at her residence located at 852 Bumblebee Avenue, #103 in the City of Toronto.

At this time, the accused attended her apartment. He appeared to be angry and started banging and buzzing the door angrily. The victim opened the door and the accused demanded she accompany him.

The victim's daughter was inside the apartment and the victim did not want her to be exposed to the accused behaviour. The victim therefore agreed to accompany the accused.

The accused started driving towards Niagara Falls. En route, he would continuously punch her about the legs, arms, head and facial area.

Note: The four month old son was inside the vehicle and with the victim throughout the ordeal.

The accused, while driving, would notice a secluded spot and he would park there. He would then proceed to assault the victim. After some time, he would drive off till he came across another suitable spot.

The accused also told her that he was not scared of anybody and that he was going to kill her. He said he was going to have fun killing her tonight.

The victim received bruising to her arms and legs. Her face was swollen and bloodied from the continued assaults. The accused, upon realizing the severity of the assault, decided to check into a motel in Niagara Falls.

The accused and the victim stayed in the motel for three days. The accused obtained some medication for the victim. She stayed in her room the whole time.

By the end of the third day, the accused felt the swelling had subsided and that the victim looked presentable enough to return home.

As mentioned earlier, the victim did not seek any medical attention for fear of disclosure. She also told her daughter that the bruising was due to a fall.

On 4 January 2002, the accused was arrested for Assault (2x) and Threatening Death. On 7 January 2002, the accused entered into a recognizance agreeing to abide to numerous conditions.

One of those conditions was that the accused "abstain from communicating either directly or indirectly with Summer S."

On 24 January 2003 at about 1:25 p.m., the accused telephoned the victim from the East Detention Centre, located at 55 Civic Road in the City of Toronto. The accused is presently in custody at that location due to his arrest on 22 January 2003.

During the telephone conversation, the accused told the victim to make arrangements for his bail and obtain a lawyer for him.

Note: The accused is due for a bail hearing on 27 January 2003 at 100 Finch Avenue West, Toronto.

The accused, by contacting the victim, did thereby Fail to Comply with the condition of his Recognizance.

On 25 January 2003, the victim attended a lawyer's office as per the accused's instructions. It was at this time that the above mentioned offences and the accused's current status was revealed. The lawyer encouraged the victim to call the Police. Police attended and an investigation was subsequently initiated.

Police Report (14 September 2003):  The accused and the victim have been involved in a common law relationship for about three years. They commenced a relationship around April 2000.

The victim used to work in a food establishment when she first met the accused. Soon after commencing their relationship, the accused convinced the victim to quit that job and start working in a massage parlour. The victim had never worked in such an environment; the accused explained to her in detail as to what would be required of her in these situations. He also made it clear to her that she would be required to provide sexual services if the client so requested.

The accused located a massage parlour through a community paper and contacted it's proprietors. He made arrangements for the victim to commence her work there. He then convinced the victim that the additional monies would mean a better life for all.

The victim has indicated that she did provide sexual services if requested by the client. All money earned was turned over to the accused. The accused did return a portion of the money when the victim demanded for it.

The accused used to work initially, but later stopped working. He told the victim that it was due to an immigration order. The victim was solely responsible for supporting her household and the accused from the money that she earned at the massage parlour. The accused did not contribute towards their relationship.

On 25 January 2003, the victim attended 54 Division and provided a videotaped statement alleging the numerous physical assaults and threats by the accused. The accused was subsequently charged with those offences.

During a meeting with the victim on 12 September 2003, the victim disclosed the sexual assaults by the accused. The victim attended 54 Division on 13 September 2003 and provided another videotaped statement, with specific reference to the sexual assaults.

The accused was advised of these additional charges when he attended College Park Court on 14 September 2003.

On 24 December 2002 at about 4:30 p.m., the victim was at her residence, located at 852 Bumblebee Avenue, #103 in the City of Toronto. Also present were the accused, victim's daughter and the victim's youngest child.

The victim confronted the accused about his infidelity and this seemed to bother him. He started arguing with her and at some point struck her on her head with a closed fist. The daughter had stepped out to buy a Christmas present for the accused at the time.

The argument continued well after the daughter returned to the residence. At one point, the accused, in his anger, smashed a glass blender with a hammer.

The accused demanded the victim accompany him for a drive to which she complied. The accused, victim and the baby drove to a park near Kingston Road and Brimley Road, Toronto.

En route, the accused kept on arguing, hitting her on her head and pulling her hair. The accused would constantly look around for any Police and to ensure his actions went unnoticed.

The accused also told her that he was going to kill her.

After some time, the accused drove back to the residence. He had the victim drop the baby with her other daughter and the two once again went out for a drive.

The accused drove along Victoria Park Avenue near Queen Street East, Toronto, and parked his vehicle on a quiet, secluded side street.

The accused then demanded sex from the victim. The victim refused to comply. The accused told her that he would not take her home unless she complied with his demands. He threatened her that if she tried to flee from the vehicle, he would rape her.

The accused then forced the victim to perform fellatio on him until ejaculation.

The accused then dropped the victim to her residence. He proceeded to some other location.

Police Report (15 September 2003):  On 20 January 2003 at about 9:30 a.m., the victim was at her residence located at 852 Bumblebee Avenue, #103 in the City of Toronto.

Around this time, the accused attended her apartment. He was let in by her daughter. The victim was still asleep at the time.

The accused came to her, grabbed her arm and forcibly took her out of her apartment and eventually down a small flight of stairs. The accused was angry that the victim had spent some time with one of her daughters who had been hospitalized.

Once down the flight of stairs, the accused proceeded to punch her head, pull her hair and kick her leg.

The accused then demanded sex from the victim. The victim refused to comply with his demands. She, however, eventually complied out of fear her daughters would hear the commotion. Being pulled out of her bed, the victim was wearing only a bathrobe.

The accused disrobed the victim and proceeded to have sex with the victim in the standing position. The sexual act included insertion of his penis in her vagina and ejaculation.

Upon completion of the assault, the accused left the scene.

The accused had also told her that if she called the Police he better be taken away for good. If he came back, he would kill her. He also told her he could kill her very easily. The victim did not call the Police as she is extremely scared of the accused. She feels he is capable of killing her.

Injuries: At the time of interview (25 January 2003), the following injuries were observed: bruising to right skin and knee; bruising to left knee.

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