Hamilton police officer accused of sexual assault 'did not take no for an answer,' Crown says

WARNING: This article references sexual assault and contains graphic details, and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

The trial of a Hamilton police officer accused of sexually assaulting a colleague finished hearing testimony on Thursday after three court days this week that saw the Crown and defence share drastically different versions of the relationship between the two officers.

The defence cast Jeffery Turnbull, 40, as a caring colleague who sought verbal consent from the woman he was having an affair with at every step of the way; the Crown argued he was pushy, inappropriately flirtatious and "did not take no for an answer," even after his 28-year-old colleague expressed her discomfort.

Turnbull was charged in June 2023 with one count of sexual assault by the province's Special Investigations Unit (SIU) and has pleaded not guilty. The trial in the Superior Court of Justice has been on and off since January but restarted this week.

"You bombarded her with messages," Crown attorney Jason Nicol said of the woman, whose identity is protected under a standard publication ban.

Nicol described incidents where Turnbull sent her numerous texts that went unanswered, bought her gifts and sent her a naked photo of himself, behaviour Nicol said was not mirrored by the woman who's accusing Turnbull of rape.

"Do you agree that she never sent any sexual memes to you? You recall her sending you dad jokes."

Turnbull excused the strings of texts as being a product of his anxiety, saying that when she didn't answer him, he worried about why she wasn't talking to him and was trying to get answers.

During a previous court date, she said he texted and pressured her for months, and she played along to dissuade him from messaging her more, even though he made her uncomfortable. 

"I would do what I had to do to make sure my life wasn't miserable at work," she said.

What the 2 agree, disagree on

The pair agreed they had intercourse in March 2022, although Turnbull said it was consensual and the woman disagrees. They also disagree on the exact date.

On Wednesday, Turnbull described making plans in advance with the woman to come over on a Friday night when his then wife was away at a yoga retreat.

He said she arrived with no underwear under her pants and engaged with him enthusiastically in the basement of his family home while his children slept upstairs. He said he asked for verbal consent at every step, noting she didn't do the same before she gave him oral sex.

"I asked if I could remove her pants. She said 'yes,'" he described. He said that that after giving her oral sex, she "sat up in a seated position, pulled my sweatpants down and performed oral sex on me briefly. ... (She) just went ahead and did it."

The woman says Turnbull told her he was having thoughts of suicide and that his kids wanted to see her puppy to get her to come over. She said he kissed her, grabbed her and pushed her onto the couch, and that she couldn't get up fast enough because of a back injury.  

"I kept telling him I didn't want this. I wanted to go home."

She added that Turnbull took off her pants and underwear, penetrated her with his penis and ejaculated inside her. She said he told her not to worry about him not wearing a condom because he had had a vasectomy. 

When questioned about not wearing a condom on Thursday, Turnbull agreed that was the case, but said he wasn't worried about sexually transmitted diseases because the woman had a long-term boyfriend.

"She never mentioned any concerns about STDs," Turnbull added.

Trial resumes next month

After that weekend, the woman took a sick day and became distant with Turnbull at work.

He sent her $112 to buy yoga pants she wanted, money she returned after a few days. He said he could tell she was feeling down and bought her waffles one day to cheer her up. That same day, she messaged him saying, "I think I need space."

Nicol, the Crown, pointed out several times after that where he says Turnbull tried to continue being in contact, including sending the woman a photo of him with his daughter at a princess ball.

"She never said, 'I need space,' she said, 'I think I need space,'" Turnbull said.

The trial continues in June.

If you're in immediate danger or fear for your safety or that of others around you, please call 911. For support in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database. ​​