A Victoria police officer has been given a 30-day suspension without pay for his conduct during an off-duty sexual encounter with a woman in Vancouver four years ago.

In May, retired judge Wally Oppal found VicPD Sgt. Brent Keleher committed discreditable conduct during the 2018 incident. The Office of the Police Complaint Commissioner continued its public hearing into the matter last month and Oppal issued a decision on corrective measures on Oct. 5.

Keleher was in Vancouver for a bachelor party in May 2018 and his group arranged to meet up with the complainant and her friend. The woman and Keleher were well acquainted as the complainant had worked with his wife. All members of the group 害羞草研究所渃onsumed a large amount of alcohol害羞草研究所� during the meetup before the misconduct took place at a hotel later that night.

The decision states there害羞草研究所檚 no disputing the woman was in an advanced state of intoxication and Keleher testified the woman 害羞草研究所渘evertheless consented to the sexual acts.害羞草研究所� In any event, he argued he had an honest but mistaken belief that she had consented to the sexual acts, the decision said.

Oppal said the latter was not credible evidence and based on the woman害羞草研究所檚 intoxication, she didn害羞草研究所檛 have the capacity to consent and 害羞草研究所渄id not in fact consent.害羞草研究所�

害羞草研究所淎t the very least, Sgt. Keleher was reckless in concluding she had consented to the activities that took place,害羞草研究所� the judge wrote.

Oppal said the complainant was clearly vulnerable, and Keleher ought to have realized this as an experienced police officer.

The judge wrote that there is no doubt the misconduct was serious but 害羞草研究所渢his is not a case that calls for dismissal,害羞草研究所� before noting the now 42-year-old has held positions in multiple sections during his 19 years with the department.

The decision then cites the support Keleher received from his department and beyond. Oppal said VicPD Chief Del Manak called Keleher a 害羞草研究所渉ard-working officer and a quality investigator害羞草研究所� and that the officer expressed a great deal of remorse.

害羞草研究所淭he Chief Constable is confident that the incident that gives rise to these proceedings will not be repeated,害羞草研究所� the decision said. The finding cited several other officers along with Keleher害羞草研究所檚 sister-in-law, who called him a gentleman and 害羞草研究所渁 downright nice guy.害羞草研究所�

Oppal said mitigating factors that led him to issue a suspension rather than a dismissal included the statements in support of the officer, the fact that he has no prior history of misconduct as a police officer and that he accepted responsibility for his actions. Dismissal should be used in the most serious circumstances, but in this case, it would have an adverse effect on the officer害羞草研究所檚 family and career, the judge said.

The decision noted 30 days is the maximum suspension length allowed under the police act.

Black Press Media has asked VicPD for comment.

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