Osoyoos chef guilty of sexually assaulting 17-year-old cook during smoke break

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An Osoyoos chef has been found guilty of sexually assaulting a 17-year-old cook while on a smoke break at work.

According to a recently published Jan. 21 BC Supreme Court decision, the chef, referred to as BJM in the court document, invited the 17-year-old to his car for a smoke while the two were working at an Osoyoos hotel in 2021.

The court documents say the girl – whose name is covered under a court-ordered publication ban – barely knew the chef when she agreed to go for a cigarette during a lull at breakfast time at the hotel restaurant.

Justice Briana Hardwick said there was no dispute that there was sexual contact between the two, but whether it was consensual was the issue.

BJM, who is in his late 40s, pleaded not guilty, and the case went to an 11-day trial.

The decision says the victim had only been working at the hotel for a few weeks, and was 17 at the time, when she was working a breakfast shift with BJM. 

That morning, the victim noted that BJM was working at a very fast pace and thought he might be “on something” like cocaine. She didn’t think he’d consumed alcohol, and he wasn’t slurring his words.

Partway through serving breakfast there was a lull and BJM asked the 17-year-old if she wanted to go for a cigarette. She said she did, but had left hers in her room at the back of the hotel where she lived.

“(He) indicated that he had smokes in what he referred to as ‘his car,’ which was parked just across the street from the hotel, and that (she) could bum a smoke from him,” the decision reads.

She sat in the passenger seat smoking with BJM, and he swigged vodka from a bottle. 

He then started the car and drove a short distance, parking on Harbour Quay Drive.

BJM then sexually assaulted the teen.

Justice Hardwick said in the decision he attempted to touch her with his fingers, then his penis.

The victim said it felt like the ordeal went on for hours, but after several minutes, BJM passed out.

“BJM went from somebody who was generally behaving normally, albeit quickly, in a workplace setting to appearing to be in some state of semi-consciousness similar to a drug overdose, in a very short period of time,” the decision reads.

In a state of shock, the victim exited the car and called a friend. A City of Osoyoos employee noticed the young woman looking distraught and called 911.

When the RCMP arrived, BJM was still passed out in the back of the car, and officers photographed him, with his pants and underwear around his ankles.

The victim went to Penticton Regional Hospital for a forensic sexual assault examination, which found bruises on her upper thighs.

“Which could be consistent with the application of some force to pull an individual’s legs apart, to allow for vaginal penetration,” the Justice said.

BJM didn’t testify during the trial, but his ex-girlfriend did. She had worked with the victim.

The ex-girlfriend, referred to as KB in the court document, testified that the victim called her that morning, saying she’d just had sex with BJM and would be back to work soon.

However, the Justice dismissed the statement, saying it was odd that the teen would bluntly disclose this to KB as they didn’t know each other well. The Justice also said that KB hadn’t mentioned this call when she gave a police statement after the incident.

The Justice noted in one text message that the victim referred to BJM as an “asshole.”

“(The victim) was very clear and unshaken in her evidence, however, that she did not consent to any sexual activity with BJM, and that nothing in her conduct suggested that she was consenting,” the Justice said.

Ultimately, Justice Hardwick found BJM guilty of sexual assault.

After the verdict, a voice in the courtroom said, “It’s not right.” 

BJM will be sentenced at a later date.

NOTE TO READERS: To connect with a victim service program or violence against women program call VictimLink BC at 1-800-563-0808. VictimLink BC provides information and referrals to all victims, as well as immediate crisis response to victims of sexual and family violence.