June 15, 2016 – torontosun.com – TORONTO – WARNING: Readers may find some of the details disturbing
Graphic, disturbing details of an alleged gang rape on an inebriated female parking enforcement officer by three Toronto Police officers were divulged Tuesday in court documents obtained by Postmedia.
The alleged assault — on a woman who told officers she was so drunk she “couldn’t remember exactly what happened” and couldn’t give consent — occurred at a Westin Harbour Castle hotel room in the early morning of Jan. 17, 2015.
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The woman and several officers from 51 Division had a night of pub hopping, including trips to the Pravda Vodka Bar and Brass Rail strip club before they ended up at the hotel.
DNA warrants were obtained for the three constables — Leslie Nyznik, 38, Sameer Kara, 31, and Joshua Cabero, 28 — accused of gang sexual assault.
The allegations have not been proven in court. Their lawyers have stated the officers will be pleading not guilty.
The woman, now 28, had two male DNA profiles on her body, bustier, bra, clothing, and necklace after a Sexual Assault Examination Kit was performed on Jan. 18, according to the documents.
Semen has been identified on three items as well as the bottom portion of a black top she wore, the documents alleged.
The court documents depicted the woman as so intoxicated she couldn’t perform oral sex as she lay on a bed.
Nyznik encouraged her to fellate Cabero, saying, “S— my boy’s d—,” as Kara lay sleeping in the bed beside them, the documents allege.
An officer had sex with her until another officer said, “Josh, stop she is out,” according to the documents.
The woman, who cannot be legally identified, met up with eight to 10 officers at the CC Lounge on Front St. She knew only the three accused and was most acquainted with Kara. She had two rum and Cokes before the party shifted to Pravda, where she drank vodka and tequila and kissed Kara, according to the documents.
He ended up feeling ill and went outside and vomited. Kara took a cab to the Westin Harbour hotel room rented by Nyznik while the woman, Nyznik and Cabero left and continued drinking at the Brass Rail.
The three took a cab to the hotel, hoping to pick up Kara and resume their pub hopping, the documents alleged.
The documents allege she “began to feel the affects of all the alcohol consumed” and they went to the hotel room where she tried to rouse Kara.
Nyznik told her to let Kara sleep and “the next thing she remembered she was on her back on the bed performing oral sex upon Nyznik.”
“She had no visual recollection of the event, but (she told police) she could barely move her head and Nyznik had to hold her head to his penis so that she could perform oral sex on him,” the documents alleged.
“She said she wasn’t physically able to perform the act,” court documents stated.
She believed that Cabero was rubbing her legs up to her crotch while Kara slept in the bed, the documents alleged.
‘She said she didn’t tell the two men to stop because she was not able to form the words. She doesn’t remember her boots being removed but recalls her jeans being stripped off.”
Shortly afterwards, she remembered multiple sex acts but doesn’t recall who was doing it, court documents alleged.
The next thing she remembered was waking up with Kara beside her in the bed and she believed the other two co-accused were in the next bed.
She scooped up her clothes and quietly left.
According to the documents, she phoned a friend, saying she had ended up in a hotel room with three cops and had group sex but “wasn’t in a position to consent and would never agree to multiple partners.”
She “just let the matter drop” because she was reluctant to report it due to her concerns it would jeopardize her own career with Toronto Police.
Later, after having dinner with her friend and her husband, the woman changed her mind and attended Scarborough Grace Hospital where she underwent tests for STDs.