Former Niagara cop who ran a massage business molested 11 women. Will serve 18 months house arrest

Warning: This story contains descriptions of sexual assault.

A former Niagara police officer who admitted to sexually assaulting 11 women at his massage business is serving an 18-month prison sentence at home.

David Kukoly, 54, who was an experienced officer at the time of his arrest, pleaded guilty to five counts of assault. He admitted in an agreed statement of facts to similar assaults against another six victims. He was sentenced on June 21 by the Ontario Court of Justice in St. Catharines, Ont.

Kukoly was not a registered massage therapist, but still operated his “Massage by Dave” business from his home in Port Colborne under a different surname.

Under the premise of giving massages, he inappropriately touched 11 women without their consent between 2016 and 2018, Judge Richard Blouin wrote in his sentencing.

Justice Blouin described some of the attacks as “gripping” and in a “closed, isolated room” with “significant impact on the psychological health” of the victims, but decided against the Crown’s request for a four-year prison sentence to submit.

Instead, the judge said, a year and a half of house arrest was appropriate given his “long record of service to the community” as a police officer for more than 28 years, and because he “stepped on the board” and pleaded guilty. His plea of ​​guilt avoided a trial and the victims had to relive his crimes in court.

Judge concerned about suspect’s safety in prison

However, Kukoly’s sentence is “incredible” and “devastating” for victims of sexual assault, said Brock University’s Prof. Robyn Bourgeois, an expert in gender-based violence and a sex trafficking survivor.

She said it is “disturbing” that more attention has not been paid to the lasting psychological damage victims experience.

“These are the cases that fuel sexual violence in this country,” Bourgeois said. “Survivors are unlikely to come forward because the law does not take their trauma seriously, meaning perpetrators evade arrest and continue to sexually assault people.”

Justice Blouin also wrote in his decision that house arrest will allow Kukoly to take care of his high blood pressure and stepchildren and prevent him from being harmed in prison.

“He would be an obvious target for some other inmates who don’t consider police officers their friends,” Blouin wrote. “In my opinion, the potential risk of harm, perhaps serious harm, is clear.”

Sexual assault ‘life-changing’ for survivors

Nicole Pietsch, an advocate with the Ontario Coalition of Rape Crisis Centers, said the decision suggests preferential treatment for police officers and that Kukoly should have considered the risks of jail time when he sexually assaulted his clients.

“If a real massage therapist had done the exact same thing, that person might have gone to jail,” Pietsch said.

In Canada, 12 percent of sexual assaults reported to police result in a criminal conviction and seven percent result in a custodial sentence, according to Statistics Canada.

“This can leave a very negative impression on survivors who choose to go through the criminal justice system because they feel they may not get the results they want,” Pietsch said.

“And for survivors, it can be really life-changing to be sexually assaulted, especially by someone who is in a position of trust.”

Niagara Police Chief Bryan MacCulloch said in a statement that he is aware of Kukoly’s sentence, but as the case is still within the timeframe of a possible appeal, “it would be inappropriate to comment further .”

He did not answer CBC Hamilton’s question when Kukoly was fired from service, but said it is important to note that he is no longer a police officer.

The Attorney General’s Office has not commented on whether the Crown will appeal the sentencing decision.

Kukoly’s attorney did not respond to a request for comment.

If you or someone you know has been a victim of sexual assault, you can find support here.