A central Alberta RCMP officer was acquitted on a charge of sexual assault with a weapon, but found guilty of breach of trust Tuesday.
The ruling is the latest for Const. Jason Tress, 32, who is facing three unrelated sexual assault trials in the span of six months.
Tress was found not guilty of sexual assault in an incident in June and has another trial coming up in November.
In Tuesday’s ruling, court heard Tress, who was with an officer he was training, took a young woman into a bedroom alone to interview her in May 2016.
“While I have serious concerns related to the accused actions as a police officer while alone in the bedroom with (the woman), I am not satisfied beyond a reasonable doubt that his actions amounted to an assault,” Justice David Gates told a Red Deer courtroom in his oral decision.
“I am left with a reasonable doubt that the actions of the accused amounted to him accosting or impeding (her) in these circumstances.”
Woman’s testimony consistent
Gates said despite conflicting testimony, he believed Tress shut the door, stood in front of it and turned the discussion to one that was sexual in nature.
The woman testified Tress told her she had nice breasts and asked if they were real. Tress denied making the comments.
But Gates said although the woman had been drinking, he found her evidence consistent and didn’t accept the version of events provided by Tress, pointing out that he had taken no notes about the investigation.
“I’m satisfied the accused orchestrated the scenario to allow him to be alone with [the woman] in the bedroom,” Gates said. “The accused made highly offensive and highly inappropriate comments to [her] about her appearance and physical attributes.”
The judge said he was not convinced Tress’s actions were challenging or aggressive but when the woman said she wanted to leave, Tress asked her if she was sure.
‘Purely sexual purpose’
“This was followed by questions posed to [the woman] that admit of only interpretation — a proposition to remain in the room with him for a purely sexual purpose.
“This was not casual or innocent flirtation but a series of actions on the part of the accused that were somewhat predatory in nature.”
When Tress’ advances were rebuffed, Gates said, the constable took steps to cover up his actions.
“I’m satisfied that he made the decision not to initiate criminal charges in this instance, the accused was significantly motivated by the desire to bury the matter so as to avoid exposing his improper conduct in the bedroom,” Gates said.
The judge said he was also troubled by Tress’s actions throughout the investigation including failing to take basic safety precautions such as securing a knife and leaving the recruit in a vulnerable position.
Tress in court
Court heard the woman, whose name is protected by a publication ban, was contacted by the Alberta Serious Incident Response Team between June and July of 2016.
ASIRT investigates allegations of police misconduct.
In her testimony, she said she would not have reported the incident because she believed little is done about such complaints.
Tress, who was in the courtroom, fidgeted at times as he listened to the decision. He and his lawyer declined comment.
The case will return to court in November after a presentence report is completed.
Last June, Tress was acquitted on an unrelated sexual assault charge that also stemmed from an interaction with a woman while he was on duty in June 2016 — one month after the incident that prompted the current trial.
In November, he will be tried on charges of sexual assault with a weapon and breach of trust.
Tress, an 11-year veteran, has been suspended with pay since August 2016 while an internal investigation takes place.
“While the code of conduct investigation is parallel to the judicial proceedings, these internal investigations aren’t usually concluded until a sentencing hearing in provincial court,” RCMP spokesperson Fraser Logan wrote.