Woman accusing Calgary police officer of sexual assault testifies that sex 'turned dark'

Jurors presiding over a sexual assault trial heard from a Calgary woman who testified that what began as consensual sex on a first date with a police officer "turned dark." 

Brandon Kan, a six-year member with the Calgary Police Service (CPS), was charged in 2024 with an alleged offence that took place in 2020.

A publication ban protects the identity of the complainant. CBC News will identify her as LH. 

LH's testimony involved questions from prosecutor Maryse Trudel on Monday, followed by cross examination by defence lawyer Jim Lutz on Tuesday. 

Pair set up by friends

LH told the court that in the summer of 2020, she and Kan were set up by mutual friends.

After weeks of texting back and forth, the two arranged to have a date at Kan's home on Oct. 9.  

The plan was to carve pumpkins, eat dinner and have some wine. 

LH testified that the night went well, with five hours of conversation before the two started kissing on Kan's sofa.

He asked if she wanted to go upstairs to his bedroom and LH said she agreed.

She testified that she knew at that point they were going upstairs to have sex.

Once upstairs, however, LH said Kan performed several sexual acts that she did not consent to.

'Disgusted internally'

While she did not say "no," under Canadian law, consent has to be expressed verbally or in writing. 

LH also testified that Kan leaned his forearm against her neck and slapped her. 

"He told me to tap his elbow when I had had enough," said LH.

She said when she tapped his elbow, he lifted his arm. 

Trudel asked LH how she was feeling at the time. 

"I am disgusted internally but externally I have not responded because I was terrified," LH told jurors. 

'He didn't seem to think anything was wrong'

In cross-examination, Lutz suggested LH was moaning during the encounter and was grabbing the sheets.

LH testified that she couldn't remember if she'd grabbed the sheets but said the only moaning she'd done was when she faked an orgasm "to get it to stop."

After the sexual activity, LH said Kan took his dog for a walk and offered for her to use his shower. 

She said she stayed the night but there was "no communication, no affection, nothing."

LH also testified that Kan touched her in a sexual way several times through the night but said she didn't engage. 

'Very confused'

Kan and LH hugged and kissed before she left. 

"He didn't seem to think anything was wrong," she said. 

Under cross-examination, LH said initially, she felt the same way. 

"Do you remember when you left the house that day, thinking to yourself that you really didn't take any of this very seriously?" asked Lutz.

LH replied, "Yes."

Charge laid 3½ years later

She testified that it wasn't until she had conversations with friends that she changed how she thought about her encounter with Kan.

"I was still very confused and in shock about what happened," she said. 

"The five hours we had were very good, and then it turned dark and then it was good again."

Three days after her time with Kan, LH attended the Sheldon M. Chumir Health Centre for a sexual assault examination. 

She told hospital staff that she wanted to press charges and three days later she was interviewed by the Alberta Serious Incident Response Team (ASIRT), a civilian oversight agency that investigates allegations of police misconduct. 

Three and a half years later, in February 2024, Kan was charged with sexual assault. 

The trial, presided over by Court of King's Bench Justice David Labrenz, is set to last all week. 

Kan is currently suspended with pay from CPS.