Military veteran gets two years’ probation for groping server at Halifax bar

HALIFAX, N.S. — A Halifax provincial court judge has refused to grant a conditional discharge to a military veteran who sexually assaulted a server at a bar last year by touching her genitals, saying it would be contrary to the public interest.

Judge Christine Driscoll, in an Oct. 30 sentencing decision, said the discharge requested by Dave Odrowksi “would not sufficiently address general deterrence.”

“It would not send a sufficient message that people need to be able to go to work and be safe from being assaulted and having their sexual integrity interfered with,” Driscoll said.

“I’m not satisfied that a conditional discharge would address the purposes and principles of sentencing, and I find that it would be contrary to the public interest to (grant) one in this case.”

Instead, Driscoll accepted the Crown’s recommendation for two years’ probation.

Odrowski, 60, of Whites Lake, was at a Halifax tavern with friends when he committed the offence April 28, 2022. 

The Chronicle Herald is not naming the bar because of a publication ban on the identity of the victim.

The server was clearing the table when Odrowksi reached out with his right hand and used two fingers to touch her vagina over her clothing in an inward and upward motion.

Odrowski’s friends were shocked and confronted him about what he had done.

He told them: “I touched her p—y and I’m going to have another beer.”

The incident was caught on security video. Odrowksi confessed when questioned by police.

Odrowski pleaded guilty to a charge of sexual assault last spring rather than go to trial.

The judge heard sentencing submissions in September.

Defence lawyer Laura McCarthy said the primary sentencing objectives of denunciation and deterrence could be achieved through a conditional discharge, which would enable her client to avoid having a permanent criminal record and to be able to travel to the United States.

Odrowski, who was in the Royal Canadian Navy, was diagnosed with post-traumatic stress disorder 10 years ago and is unable to work because of the condition. When startled or confronted with a stressful situation, he is prone to react impulsively, the court was told.

McCarthy argued Odrowski’s behaviour at the tavern must have been linked to his PTSD, because any reasonable person would not have acted that way.

“I can’t accept this argument,” Driscoll said in her sentencing decision. 

“It is a common experience that otherwise reasonable people, usually men, sexually assault women. Depending on the nature of the sexual assault, some members of society viewed that kind of activity in the past as no big deal and not criminal. Fortunately, society’s view of people’s sexual integrity has evolved.

“We may never know why Mr. Odrowski did what he did, but I am not satisfied that it can be attributed to his PTSD. When confronted by his friends, his crude and dismissive comment is possibly related to his PTSD, but I am not sure.”

Effects on victim

The victim did not submit an impact statement but conveyed through the Crown attorney that the offence has affected her, the judge noted.

“She doesn’t work night shifts anymore and has concerns with serving drunk males,” Driscoll said of the woman. “She was at the time in a relationship with a woman and found being assaulted this way by a male very upsetting.”

The judge said it was aggravating that the victim was assaulted at her workplace.

“People should be safe while working to support themselves,” Driscoll said.

“This is not a breach-of-trust situation, as Mr. Odrowski was not the victim’s boss. She was, however, serving his table. That very relationship of serving a customer creates a power imbalance, as her income depends on serving customers, and tipping is a component of servers’ wages and is usually related to quality of service.”

Probation terms

Driscoll ordered Odrowski to complete 25 hours of community service while he’s on probation.

He is prohibited from consuming alcohol or other intoxicating substances outside his residence and cannot be under the influence of alcohol in public. He also must take part in any counselling deemed necessary by his probation officer, have no contact with the victim and not be within 15 metres of her residence or place of employment.

The judge directed Odrowski to provide a sample of his DNA for a national databank but said it was not necessary to make him register as a sex offender. She said the impact of such an order on his privacy or liberty would be “grossly disproportionate” to the public interest of protecting society.