Ex-Connective support worker found not guilty of sexually exploiting Whitehorse client

A Yukon judge has dismissed charges against a former Connective residential support worker accused of having sexual intercourse with a vulnerable Whitehorse client last year.

Victor Omale, 38, faced a count each of sexual assault and sexual exploitation of a person with a disability. Deputy territorial court Judge Gurmail Gill found him not guilty of both charges on Monday following a week-long trial last month.

Omale declined to comment afterwards, but his lawyer, in an interview, said he was "very pleased."

"My client is very happy with the outcome," Jennifer Budgell said.

"He has always maintained his innocence and this verdict reflects that."

Connective is a non-profit organization that runs the Whitehorse emergency shelter as well as a number of supervised and supportive housing programs throughout the city.

Both the complainant, a woman who lived in a Connective-run apartment with around-the-clock support, and Omale took the witness stand during his trial. There was some overlap with their recollections of what happened on Sept. 8, 2023 like Omale, who was the woman's support worker that day, bringing her to the Canada Games Centre and a rest stop near Marsh Lake before taking her back home but the details differed.

The woman, whose name is under a publication ban, told the court she had intended to go swimming at the centre but the pool was closed. She asked Omale to buy her a Booster Juice there but after Omale's manager failed to show up with a company credit card to make the purchase, she asked to go to Marsh Lake. She alleged that Omale propositioned her while they were parked at a rest stop and again after they got home, to which she said "yes" and they had sex in her bedroom.

Omale testified that the woman asked about getting a Booster Juice before they left for the centre, a request his manager denied and that she made a "scene" about it. He testified he had little interaction with her after returning from Marsh Lake, and denied propositioning or having sexual contact with her.

In his decision, Gill said he found issues with both the woman's and Omale's testimony. However, he said that Omale's version of events, which were supported by security camera footage submitted as evidence, were "at least reasonably capable of being true."

Going over the woman's circumstances, Gill noted that she had fetal alcohol syndrome as well as other cognitive issues, and at the time of the allegations, was under a Yukon Review Board order that required her to be on "line-of-sight" supervision at all times.

He also noted that she'd testified about not wanting male support workers, but that Connective didn't heed that request until she told staff about the allegations.

'Difficult to make logical sense' of some testimony

Gill said it was "difficult to make logical sense" of some parts of the woman's testimony, such as when she said Omale's manager had been in her apartment that day but then that he was out of town. The woman was also inconsistent on other points. She said and then denied she had an addiction to cannabis and shared details in court that weren't in her statement to police, like her plan to blackmail Omale after the alleged intercourse.

The woman also showed a "degree of ambivalence" during cross-examination that Gill said made it difficult to tell if she couldn't recall the events or if she was being evasive.

Though Gill didn't share all the Crown's concerns over Omale's testimony, he said it was "troubling" Omale claimed to have never seen the woman's bedroom until he was shown photos during the trial. Gill noted the small size of the apartment and the probability of getting a passing glimpse inside if the door was open.

"It draws suspicion at the very least," Gill said.

He accepted Omale's testimony that support workers in the neighbouring supportive housing unit would occasionally come into the woman's apartment to get supplies, presenting a risk of getting caught.

While police seized the woman's bedsheets and nightgown for testing, Gill said there was "no relevant forensic trace" Omale was ever in the woman's bedroom.

Turning to the security camera footage, Gill said Omale was seen leaving and entering the woman's apartment to get items from the other unit or from his vehicle a number of times that evening, rendering the woman's timeline for the alleged intercourse "essentially implausible."

Gill said he wasn't making a finding that the woman fabricated the allegations but said the Crown had not proved the case beyond a reasonable doubt.

Omale's wife, who was sitting in the courtroom gallery for the decision, burst into tears after Gill dismissed the charges.