A former Hamilton police officer will not go to jail for sexually assaulting the woman he was mentoring as she pursued her own career in policing.

Michael LaCombe, 54, will instead serve 12 months of house arrest followed by 12 months of probation after Justice Cameron Watson found him guilty of two counts of sexual assault in January, following a trial.

Watson sentenced LaCombe on Monday at the Ontario Court of Justice in St. Catharines, Ont., describing his crimes and the aftermath as “a spectacular and cataclysmic fall from grace” in his written decision.

“His life has taken an irreparable downward spiral. He is no longer the man he once was,” Watson wrote.

Watson also described how LaCombe’s conduct “devastated” the victim, who has felt isolated and suffers from panic attacks, among other impacts, in recent years.

  • BlameThePeacock@lemmy.ca
    link
    fedilink
    English
    arrow-up
    0
    ·
    6 months ago

    Sexual assault, yes. Rape, no.

    He removed her shirt and bra and kissed her without consent. No intercourse (including the standard variants thereof) occurred. She protested, and he drove her home.

    That’s sexual assault based on the legal definitions and there is no legal minimum for sexual assault (of an adult)

      • BlameThePeacock@lemmy.ca
        link
        fedilink
        English
        arrow-up
        0
        ·
        6 months ago

        He attempted to have an affair. The fact that he stopped when she protested and drove her home instead indicates he didn’t attempt or intend to rape her. He still absolutely committed sexual assault though which is why he was found guilty. Consent for any sort of sexual encounter needs to come first, not during or after, and removing someone’s shirt and bra definitely requires consent.

        When dealing with situations like this, it’s important to be very clear and precise. There’s unfortunately a lot of actual rapes that occur, and they shouldn’t be muddied by situations where someone calls rape when it isn’t leading to people downplaying real rapes.

        It’s the same reason I don’t like seeing people put on the sex offender list for public urination just because it happened near a school (even if there were no youth there at the time) or like the case of a man that got put on the list just a couple years ago for writing a short sexual story (completely fictional) simply because it contained teenagers who weren’t 18 yet.

        • girlfreddy@lemmy.caOP
          link
          fedilink
          arrow-up
          0
          ·
          6 months ago

          Later that month, LaCombe “contrived another opportunity to meet” and picked the victim up in his own car, without initially telling her where they were going, and brought her to a hotel, Paquette said.

          He kidnapped her and took her to a hotel room.

          In the room, he handed her a dress he bought from Value Village, and she went into the washroom but didn’t change into it, the defence said. When she emerged, LaCombe picked her up without her consent, pulled her on top of him, took off her top and bra and kissed her.

          Then he wants her to dress up for him AGAINST HER WILL.

          • knatschus@discuss.tchncs.de
            link
            fedilink
            arrow-up
            0
            ·
            6 months ago

            What you do is dangerous and can be harmfull for victims. With blowing up the severity of cases like this, you reduce the the severity of kidnapping and rape cases in the minds of people reading your claims.

            She wasn’t beaten up and dragged into his car, that’s what i imagine when i think of kidnapping and it should stay that way.

            • HikingVet@lemmy.ca
              link
              fedilink
              arrow-up
              0
              ·
              6 months ago

              Taking someone to a place under false pretenses. Then telling her to change into clothes that she didn’t want to wear. Then sexually assaulting her.

              That definitely sounds like kidnapping and attempted rape to me. Just because she was let go doesn’t mean that it wasn’t a crime.

      • BlameThePeacock@lemmy.ca
        link
        fedilink
        English
        arrow-up
        0
        ·
        6 months ago

        I’m not making excuses, I’m being specific and correct. Rape (which isn’t defined in the Canadian criminal code) has a very clear definition understood by the public (and defined in law elsewhere) as requiring penetration of some sort.

        You’re actually defaming him (and therefore guilty of libel under Canadian Criminal law) for accusing him of something which is not true and could harm his reputation further.

        In your opinion, how many years of jail should be given to someone who kisses another person without their consent? Or does that part of this situation not warrant jail time? Should there be a mandatory minimum for any form of sexual assault? How many years then for the more serious offence of removing someone’s shirt and bra without their consent?

        • HikingVet@lemmy.ca
          link
          fedilink
          arrow-up
          0
          ·
          6 months ago

          who kisses another person without their consent

          You are seriously are doubling down on defending people who sexually assault people. No consent is assault and that can get you jail time.

          The pig was in a position of power and is supposed to be better than the average person.

          I’m not defaming him, as it’s my opinion that he is a pig and deserves jail time for his actions.

        • girlfreddy@lemmy.caOP
          link
          fedilink
          arrow-up
          0
          ·
          6 months ago

          I’m being specific and correct.

          You’re being pedantic. Caring more about the rules of language than the fact a woman’s life has been decimated by a rapey cop doesn’t help your argument.

            • girlfreddy@lemmy.caOP
              link
              fedilink
              arrow-up
              0
              ·
              6 months ago

              And placing your perception of language over and above that of a woman whose life has been devastated by a fucking cop.

              Maybe you could place what happened as more important than the specific language used.

              • lazynooblet@lazysoci.al
                link
                fedilink
                English
                arrow-up
                0
                ·
                6 months ago

                I think you’re missing the point. The law needs to be specific. It describes levels of criminal activity and in this case details how the law differentiates between what the law calls “rape” and “sexual assault”.

                Sure, from our perspective that girl got raped, and that’s how I would describe it. But the law doesn’t.

                • girlfreddy@lemmy.caOP
                  link
                  fedilink
                  arrow-up
                  0
                  ·
                  6 months ago

                  The point of this thread is that a cop got off charges with a slap on the wrist. It is not, and never was, about what he did as much as he faces exactly zero consequences.

                  • Maalus@lemmy.world
                    link
                    fedilink
                    arrow-up
                    0
                    ·
                    6 months ago

                    He got 12 months house arrest and 12 months probation after that. That’s not “zero consequences”.

          • BlameThePeacock@lemmy.ca
            link
            fedilink
            English
            arrow-up
            0
            ·
            6 months ago

            If writing fictional stories about teenagers having sex should result in being a sex offender, why is George R. R. Martin allowed in Canada? Game of Thrones (the books) have multiple graphic passages about the rape of minors, Sansa was 12 years old in the books. Even in the show, which aired in Canada, she was still underage.

            Your logic is flawed, writing fictional stories shouldn’t be a criminal offense, and even with it being illegal in Canada it isn’t applied equally.

            Rape is sexual assault, sexual assault is not always rape. Just like an apple is a fruit, but not all fruits are apples.

            Words matter, and yours aren’t correct. They don’t align with legal definitions in countries that define rape, with the common dictionary definitions, or with the common public understanding of the word.

          • blargerer@kbin.social
            link
            fedilink
            arrow-up
            0
            ·
            6 months ago

            No its not. Rape is a subcategory of Sexual Assault not the other way around. What this guy did was wrong. He is (probably) facing too light of a punishment for it (article says the crown wanted double). I’m just not an expert on these matters at all. But he didn’t rape her. Period.

    • DerisionConsulting@lemmy.ca
      link
      fedilink
      English
      arrow-up
      0
      ·
      6 months ago

      Exactly, I’ve had my dick grabbed/felt up, and had people try to strip me. It’s assault, not rape.

      Both are bad and should be punished, but one is way worse. By calling all sexual assaults rape, it almost feels like it’s eroding the word “rape” to something lesser.

      This predator needs to be punished.

    • Kichae@lemmy.ca
      link
      fedilink
      English
      arrow-up
      0
      ·
      6 months ago

      iT’s OnLy RaPe If He GoT hIs DiCk WeT

      Dear god. Listen to yourself.