Yukon Mountie claims it was a threesome, not rape

[Barrister]

I just know you guys might have fun with this story.  I might too if I didn't know some of the parties involved.  Thankfully I have nothing at all to do with the prosecution of this one...

Officer tells court his version of events


As his pregnant wife and two-year-old son slept at home, RCMP Const. Shawn McLaughlin engaged in three-way sex with a married woman and Const. Graham Belak, according to McLaughlin's testimony in Yukon Supreme Court this morning.

Belak and McLaughlin are standing trial for the rape of a woman in Watson Lake last year and testified for the first time since the trial began Monday.

The Crown has presented all its witness, and today, both officers got an opportunity to tell the court their side of the story.

The alleged victim, who cannot be named due to a publication ban, testified Tuesday and Wednesday that she was drugged and raped at Belak's residence in the early hours of Mar. 8, 2009 following a small party in the border community.

The testimony McLaughlin provided this morning offered a marked contrast to that of his accuser. In earlier testimony, she admitted flirting with McLaughlin during the party, however, McLaughlin described the alleged victim's actions as "aggressive sexual advances."

The 10-year RCMP veteran referred to a statement his accuser made at the party – that Belak and McLaughlin better be careful because she would drag them into a room where she worked and "have her way with us."

"It was fairly overt and to the point," McLaughlin told the court of his impression. "(That) she was interested in having a sexual encounter with Mr. Belak and I."

The flirting, or aggressive sexual advances, continued in the basement where the party was held, where McLaughlin described the alleged victim's use of an exercise ball.

Seated on the inflatable blue rubber ball in a position, "I would characterize as her legs spread ... (she) was gyrating up and down upon the ball in a sexual manner," McLaughlin testified.

When the beer Belak brought to the party had run out, he made an open invitation to party goers that he had beer at his home and they were welcome to come, McLaughlin said. Only the two off-duty officers and the alleged victim left the party and the three walked to Belak's.

Events that happened once the trio arrived at Belak's diverge at this point. The alleged victim testified that Belak and McLaughlin forced themselves on her and she blacked out twice during what she described as Belak raping her, while McLaughlin restrained her. But McLaughlin testified this morning that the entire sex episode was consensual and the alleged victim was a willing participant.

McLaughlin told the court that his accuser complained about her husband and that Belak suggested, "the best way to get back at him is to cheat on him," and the woman agreed.

This conversation combined with talk about the woman's breasts and "butt" prompted McLaughlin to make the following overture.

"'I'm not sure what's going on here but do you want a threesome?'" McLaughlin testified of what he asked the woman. "I didn't know where all this was going, I just wanted to make sure."

According to McLaughlin, the woman went to the bathroom, and Belak commented on McLaughlin's forthright manner.

"'Wow, at least you threw it out there,'" is how McLaughlin described Belak's remarks. "'At least you asked, now we know where we stand.'"

When the woman returned, McLaughlin used the same bathroom facilities and when he came back to the living room, the sexual encounter started.

McLaughlin said he approached the woman who was now standing between Belak's legs, who was seated on the couch.

Kissing and heavy petting progressed to oral sex, then intercourse, testified McLaughlin, with the two officers taking turns penetrating the woman.

"I was kneeling by her head and Graham was having vaginal intercourse with her," said McLaughlin.

At no time did the woman lose consciousness, McLaughlin testified and when asked if he or Belak spiked her drink with a date rape drug, McLaughlin responded, "absolutely not."

During cross-examination, Crown prosecutor Robert Beck attempted to portray McLaughlin's behavior as unbecoming for an RCMP officer, and attacked McLaughlin's credibility.

The married officer responded in the affirmative each time Beck asked if the alleged victim lied to hospital staff, police officials and her husband when she insisted that Belak and McLaughlin raped her.

"Your version of events are difficult to believe," challenged Beck.

"I think it's more common than people would like to admit," said McLaughlin of the incident.

The officer's opinion of his accuser's level of intoxication at the party ran contrary to appraisals offered by four party guests who testified yesterday, noted Beck.

"Would you agree that she was very drunk?" asked Beck.

"I wouldn't say so," McLaughlin replied. "She was able to carry on a conversation and wasn't slurring her words."

Between the testimony of four other guests – three off duty paramedics and a Yukon government employee – the alleged victim's sobriety level was anywhere from tipsy to "sloppy drunk" at the party.

Their testimony combined with that of the alleged victim, puts the alleged victim's drink tally prior to moving to Belak's as between 10 and 14.

She also testified earlier in the trial that she smoked a joint on the way to the party.

Beck suggested the pair of RCMP officers had every intention of having sex with their accuser and the Crown called her a good candidate or "target" because of her inebriation.

"And you'd be in a good position to counter whatever story she gave," said Beck. "Hoping her memory would be poor and she wouldn't be believed."

"I would've hoped that her memories were fond and that she wouldn't tell anybody," McLaughlin replied.

Belak followed McLaughlin on the witness stand and began his testimony before lunch and will undergo cross-examination by Beck this afternoon.

http://whitehorsestar.com/archive/story/officer-tells-court-his-version-of-events/

[Jaron]

This man is hardly credible. I hope the prosecution nails him to the wall.

[Josquius]

I love the topic title/headline what should be. Says it all really.

[viper37]

10-14 drinks + pot.  I don't think she needed to have a drinks spiked to get into a threesome.
Not that I'm saying the mounties are innocent, I really don't know.  But a girl that drunk + pot makes a woman... more inclined towards sex.

Of course, for 2 police officers to engage in sexual activities under such circumstances is asking for trouble.  At least, they can be charged with being stupid.

Btw, those date rape drugs, for how long do they persist in the body?  It seems pretty easy to me for the victim to have a blood test when she wakes up and discover she's been raped.

[Barrister]

Took the victim about a day before reporting the incident to anyone.  Watson Lake is not exactly CSI: Las Vegas - no special "tox screens" were done other than routine blood work.

I only learned that by sitting in on the closing arguments this morning.

[Martinus]

LOL Devil's threesome. 

[Martinus]

But a girl that drunk + pot makes a woman... more inclined towards sex.

Err yes that's what makes it rape, you know. 

[Barrister]

But a girl that drunk + pot makes a woman... more inclined towards sex.

Err yes that's what make it rape, you know. 

Err, it's the word "no" that makes it rape.

[Martinus]

Uhm, no. If someone is too stoned/drunk/unconscious to be able to say no, it's still rape.

[DontSayBanana]

Uhm, no. If someone is too stoned/drunk/unconscious to be able to say no, it's still rape.

That's just it; that person also has to be too stoned/drunk/unconscious to say "yes" for that argument to stand.

If she was capable of giving her consent, she was capable of withdrawing it.

[Barrister]

Uhm, no. If someone is too stoned/drunk/unconscious to be able to say no, it's still rape.

But that's it - you have to be drunk to the point of not being able to say yes or no.

[Alcibiades]

Marty-fag shows his obvoius ignorance of the law.  How is this tool a lawyer again? 

[The Brain]

Does the Whitehorse Star always read like Hustler?

[Razgovory]

Marty-fag shows his obvoius ignorance of the law.  How is this tool a lawyer again? 

I have come to believe that Lawyer means something completely different in Europe then it does in the US.

[Syt]

Is Mr Belak a Vulcan?