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Allegation of Sexual Assault against Annapolis Royal Officer Unfounded
The province's independent Serious Incident Response Team (SiRT) today released its report regarding the complaint by a man arrested by Annapolis Royal Police (ARP) on July 9, 2015. The man alleged an officer inappropriately grabbed his penis during the arrest.
On that date, police received a complaint that the man’s truck was driving the wrong way on a one way street in Annapolis Royal. Two ARP officers located the truck parked near that street, and approached the male who was seated in the driver’s seat. After explaining the complaint, the officers asked for the man’s vehicle papers and identification. The man had no registration or insurance for the truck, and refused to identify himself. After several minutes of discussion, and first checking with his Chief, the senior officer informed the man he would be arrested because he would not provide his identification.
The man struggled with police for many minutes to avoid arrest. During the struggle his jeans ripped and fell down. The man was wearing pyjama bottoms underneath. The man said the officers were very violent with him, and that at one point his pyjama bottoms fell down and his genitals were exposed. After he was eventually handcuffed, the man said that during the pat down search the officer grabbed his penis.
Many civilians observed some or most of the encounter. Their evidence clearly showed the police did nothing wrong, while the man actively resisted for many minutes. Several felt he was suffering from mental health issues. None saw his genitals exposed. While during the officer’s search of the man for possible weapons he may have touched his genital area, it was clear this was very brief and only for the lawful search for possible hidden weapons.
The investigation found the officers conducted themselves entirely appropriately throughout and there are no grounds to consider any charges against either officer.
The full report is available at http://sirt.novascotia.ca.
SIRT is responsible for investigating all serious incidents involving police in Nova Scotia. Investigations are under the direction and control of independent civilian director Ron MacDonald, who is solely responsible for decisions respecting the laying of any charge.
Ron MacDonald, QC