Trial wraps for ex-Connective support worker accused of sexually exploiting Whitehorse client

The case of a former Connective support worker accused of sexually exploiting a vulnerable client in Whitehorse is now in the hands of a judge after the Crown and defence gave closing arguments Friday.

Victor Omale, 38, faced a week-long trial in territorial court on a charge each of sexual assault and sexual exploitation of a person with a disability.

Defence lawyer Jennifer Budgell argued that the trial proved Omale was "legally and factually" not guilty, while Crown attorney Leo Lane conceded that Omale should be acquitted on the sexual assault charge but convicted of the latter count.

At the centre of the case are allegations brought forward by a woman who, in September 2023, was living in an apartment run by Connective. Besides the Whitehorse emergency shelter, the NGO also operates housing programs throughout the city, including one where clients live in a home-like setting with a support worker on-hand at all times.

The woman, whose name is under a publication ban, alleged in her testimony that Omale, while serving as her support worker, sexually propositioned her twice before having intercourse with her in her bedroom on Sept. 8, 2023. She also testified to having fetal alcohol syndrome, schizophrenia and other health issues, and that she was left feeling traumatized, guilty and ashamed.

Omale, who testified in his own defence, repeatedly denied ever having any sexual contact with the woman.

The court also heard from five other witnesses during the trial, including two other former support workers to whom the woman disclosed the alleged incident and who described her as "vulnerable," two RCMP officers who worked on the case and one of the woman's social workers.

'He is innocent of these charges'

Budgell, in her closing arguments, described the woman's version of events as "simply incapable of belief" and "simply ridiculous."

"Mr. Omale told you the truth," Budgell said.

"He is innocent of these charges."

Among other things, Budgell pointed to the discrepancy between the woman's recollection of when the alleged sexual contact happened and surveillance camera footage from outside the residence showing Omale coming in and out of the building.

The woman testified that Omale asked to "play" with her while on an outing to Marsh Lake and again after they got home, and that while she initially said no to the second advance, said yes a few minutes later.

Budgell argued that based on the security videos Omale would have had less than 20 minutes to unsuccessfully proposition the woman, have her change her mind, have intercourse with her and then step outside again, a timeline she described as "virtually impossible."

Budgell also argued that the woman had a "very strong, very powerful motive to lie," pointing to her testimony where she said Connective ignored her requests to not have male support workers. As well, the woman had a Yukon Review Board hearing at the end of the month where, according to Budgell, her conditions were likely to be tightened because she had been frequently leaving her residence without permission and consuming alcohol and cannabis.

"This is a woman who was unravelling," Budgell argued.

"What better way to get what she wanted than to accuse a support worker of sexual assault?"

Omale, Budgell argued, was an easy target. While the woman had adamantly denied being racist during cross-examination, Budgell pointed to a conflict with another Black support worker during which the woman admitted that she'd used the "N-word."

'It's too much of a stretch'

The Crown, however, argued that it was Omale who was not to be believed.

Lane accused him of being evasive while testifying, including when he "implausibly" claimed to have never seen inside the woman's bedroom before. That, Lane argued, was despite the apartment being a small space and scene photos showing that the bedroom's contents would be visible from the living room.

Lane described Omale's denial as a "deliberate attempt" to distance himself from "the location of the offence" and argued that it seriously undermined his credibility. Similarly, Lane argued, Omale's insistence that he never shook hands with the woman was an attempt to distance himself from the idea of having any form of physical contact with her.

While Omale had testified that the woman repeatedly yelled at him to buy her a Booster Juice the day of the alleged offence, Lane pointed out that Omale had not documented that in his otherwise detailed case notes. He accused Omale of inventing the story to paint the woman as "angry and vindictive" to add "credence" to the theory that she was trying to get Omale in trouble.

While Lane conceded that the woman had memory issues, he argued that she was "unshaken" in her recount of the alleged sexual advances and intercourse. He also said that the woman's cognitive and health issues had to be taken into account when considering her recollection of timelines, and, given her limitations, argued that it was difficult to believe she could have invented a sophisticated, highly-detailed story to frame Omale.

"It's too much of a stretch, your Honour," Lane said.

Deputy territorial court judge Gurmail Gill reserved his decision. A date for him to deliver the verdict hasn't been set yet.