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Complainant under cross-examination at Toronto police sex assault trial

Last Updated Jun 8, 2017 at 9:25 pm EDT

A female parking enforcement officer’s clothing choice, drinking and intentions on a night where she joined a group of partying Toronto police officers was questioned Thursday by a defence lawyer at the trial of three constables accused of sexually assaulting the woman.

The complainant, who was on the witness stand for a second day, has testified that after drinking at various bars together, the officers had non-consensual sex with her at a downtown hotel between 12:20 a.m. and 3:30 a.m. on Jan. 17, 2015.

Joshua Cabero, Leslie Nyznik, and Sameer Kara have all pleaded not guilty to sexual assault in connection with the alleged incident.

CityNews reporters Cynthia Mulligan and Marianne Boucher are tweeting from the courtroom. Read their updates below or click here.

In cross-examining the woman, Nyznik’s lawyer suggested her goal was to have sex that night.

“I’m going to suggest to you that you went to that party with the hope, the anticipation, that by the end of the night, you would be in that rented hotel room having sex,” said Harry Black.

“Absolutely not,” responded the woman, who cannot be identified due to a standard publication ban.

The woman has told the judge-alone trial that she felt powerless and unable to move or speak when the three officers forced themselves on her.

Black suggested, however, that the woman may have been attracted to some of the accused.

He referred to a statement given to police by one of her friends who said the complainant found Nyznik “cute.”

“You went further and said he was very attractive?” Black asked.

“I did not say that, what I said is he is cute until he opens his mouth,” the woman said.

“And you said to her you would do things to him?” Black asked.

“That is absolutely incorrect,” the woman said.

Black also grilled the woman on the clothing she wore that night, saying she chose to don a “really low-cut top” to get attention from the officers at the party.

Again, the woman denied that claim.

The defence has also reviewed the woman’s alcohol consumption that night in great detail, noting she had seven drinks, including four shots of tequila over the course of about three hours.

The trial has heard that the woman’s memory became spotty after she arrived at the hotel with two of the accused officers with the intention of dragging the third — who had become sick earlier in the night — out of bed to go to another bar.

The woman has testified that Nyznik forced her to have oral sex and has said all three officers ended up having non-consensual intercourse with her.

The trial has also heard that the woman initially did not want to report what happened because the accused were police officers.


Related stories:

Parking officer felt ‘powerless’ during alleged sex assault involving 3 Toronto cops

3 Toronto cops sexually assaulted colleague after ‘rookie’ night: Crown

Three Toronto officers accused of gang sexual assault elect to be tried by judge

EXCLUSIVE: Toronto officers charged with gang sex assault seek to toss case