Former Lethbridge cop who had sex with domestic violence victim pleads guilty to breach of trust

A retired Lethbridge police officer and former head of a victims' advocacy group pleaded guilty Tuesday to breach of trust, admitting to a sexual relationship with a client who'd sought his help as a domestic violence victim.

Bill Kaye, 65, was originally charged with sexual assault, criminal harassment and breach of trust by a public officer. The first two charges were withdrawn after his plea.

Following a joint sentencing recommendation, Justice Catherine Regier imposed a two-year conditional sentence order, meaning Kaye will be allowed to serve his sentence at home under conditions.

For the first year, Kaye will be under house arrest, followed by a curfew for the next 12 months. 

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A publication ban protects the identity of Kaye's victim. In previous reporting, CBC News has called the woman Emma. 

Kaye met Emma in December 2017 when she was 24 and he was 59 years old. 

At the time, Kaye was the director of the Domestic Violence Action Team (DVAT) in Lethbridge after retiring from the Lethbridge Police Service following a 35-year career. 

'Should have known better'

Regier said that given Kaye's experiences with domestic violence survivors — as DVAT co-ordinator, in the police service's domestic violence unit, and in helping set up the local sexual assault centre — he had a "wealth of knowledge" regarding the vulnerabilities of victims. 

"Mr. Kaye should have known better," said Regier.

Emma was referred to DVAT by Lethbridge police as she attempted to navigate multiple court matters — seeking an emergency protection order and in her family court matters. 

"The complainant was a young woman, a single mother in diminished circumstances, who had experienced sexual, emotional and physical abuse through her lifetime," said prosecutor Photini Papadatou in her submissions on Tuesday.

Kaye 'exploited her vulnerabilities'

Emma confided in Kaye about her past, including that she'd been sexually assaulted, "believing the more he knew, the more he could help her."

Kaye took those private disclosures and "exploited her vulnerabilities," said Papadatou.

Details of the crime come from an agreed statement of facts read aloud by Papadatou.

Five months into their advocate-client relationship, Kaye began sending Emma flirtatious text messages and photos. Within a couple of weeks, Kaye took Emma on a motorcycle ride to Waterton Lakes National Park.

'No other options'

During that trip, Kaye made physical, sexual advances on Emma, touching and kissing her.

Eventually, the two began having sex. 

"[Emma] complied for fear that she would no longer receive the support from DVAT that she needed to protect her family," 

When Kaye's wife discovered his infidelity three months later, he ended the sexual relationship with Emma.

In her sentencing arguments, Papadatou pointed out that Kaye was DVAT's only employee. 

"[Emma] had no other options if she wanted this organization's help," said Papadatou.

'To many, I was not a victim'

Emma was in court for Kaye's plea Tuesday and read aloud a victim impact statement.

She pointed out that even though Kaye was retired, people in the community continued to call him "Inspector Kaye."

"When a police officer retires, they may retire their uniform and accessories, but their identity and status remain," said Emma. 

"To many, I was not a victim of crime at all, and they would judge me and presume the role I played in this was voluntary. But it was absolutely not voluntary, it was not a choice. I was forced into a role of survival for myself and my children."

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Defence lawyer Balfour Der offered details of his client's personal circumstances for the court. 

Der said that Kaye lost his home and has suffered public humiliation, shame and embarrassment every day since the allegations became public. 

'Return to a beautiful life'

Der also spoke of the "emotional wounds left on Mr. Kaye and his family that will take many years to heal."

Kaye was given the chance to address the court.

He apologized to his family, friends, the Lethbridge Police Service and the justice system for the "disgrace" he brought upon them. 

Kaye did not apologize to Emma. 

She says she's ready to move on. 

"I will leave this courtroom and return to a beautiful life, which I worked so hard to build and protect."

In a written statement issued after Kaye was sentenced, Emma said "there is no win or lose here."

"To me it is simple. It is about ethics, integrity and safety; that was missing and I sought to begin to repair that," she wrote.

"I am relieved to be able to speak openly today."

Emma expressed gratitude to RCMP officers David Marentette and Pranchalee Gilmar as well as Papadatou, "and more than anyone my counsel Michael Bates, who has demonstrated an unwavering commitment to integrity, ethics and human rights to me and the larger impact of these crimes on women."