A former Connective residential support worker accused of sexually assaulting a client in Whitehorse last year testified in his own defence this week.
Victor Omale, 38, faces a charge each of sexual assault and sexual exploitation of a person with a disability.
Omale, over three days of testimony, denied any wrongdoing.
“Victor, did you sexually assault [the complainant]?” his lawyer Jennifer Budgell asked him.
“Absolutely not, I did not do that,” Omale replied.
Omale, in 2023, was a casual support worker for Connective, the non-profit organization which runs the Whitehorse emergency shelter as well as a number of supervised and supportive housing programs throughout the city.
The complainant, whose name is under a publication ban, testified earlier in the week that she was living in a Connective-run apartment that had a support worker on-site at all times. She accused Omale of making sexual advances and then having sexual intercourse with her when he was on-shift on Sept. 8, 2023.
While the woman testified that Omale had introduced himself to her with a handshake that day, Omale, in his testimony, said that didn’t happen, explaining that he’d previously met and worked with the woman while training with other support workers and on a solo shift the month before.
He also said he never shook hands with any clients.
The woman, Omale testified, appeared happy when he arrived for his shift on Sept. 8 because she knew he would be taking her out to the Canada Games Centre. However, he said her mood changed when she asked him before they left to buy her a Booster Juice.
Omale testified that he asked his manager for permission, who told him the woman had maxed out her funds for the week. The woman became angry when he told her that, he said, and while she temporarily calmed down, she yelled at him in the car and once they arrived at the Canada Games Centre to buy her juice.
Although the woman had originally intended to go swimming, Omale said the pool was closed for renovations when they got there so she used the track and treadmill to workout instead.
He confirmed that he then drove her out to Marsh Lake, parking at a rest area by a bridge where he said the woman stepped out to smoke a cigarette. He testified that he then drove her back to the apartment, where she went back to her bedroom and he went to the staff office.
There was no interaction between them for the rest of the night, Omale testified, except for when he gave her her nighttime medication.
‘I did not lie’
Omale said he found out about the woman’s accusations when police came into a meeting he was having with a Connective manager about professional development and arrested him.
He began sobbing as he testified about losing his jobs and being unable to find employment after he was charged.
“I was in pain, I have been in pain because I came to Canada… for a better life,” Omale, who moved to the Yukon from Nigeria, told the court.
Crown attorney Leo Lane questioned Omale’s truthfulness during cross-examination. He pointed out that Omale’s case notes were highly detailed — noting the times that the woman went outside to smoke, for example, or the brand of instant noodles she ate — but made no mention of the outbursts he said she had over Booster Juice.
The notes also described the woman as being in a good mood on Sept. 8.
Lane accused Omale of either lying in his case notes, or lying under oath about the woman repeatedly yelling at him.
“I did not lie,” Omale responded, explaining that the woman was known to get angry when she didn’t get her way and that having her yell was not out of the ordinary.
Lane was not convinced.
“I’m going to suggest to you that you took sexual advantage of [the woman] that day,” Lane said.
“Absolutely not,” Omale said again.
Omale’s testimony wrapped up Friday morning.