Alves has a history of being charged with drugging women and sexually assaulting them. Yet he was allowed to cop a plea because such trials are difficult to prosecute, given that the victim and witness was incapacitated when the crime occured. Defense lawyers use that fact to cast doubt upon their testimony. Then of course, there are the police officers who act as judge and jury and determine in advance that a victim is unworthy or unreliable.Louisa Russell believes at least four sexual assaults in Vancouver could have been prevented if Whistler police had adequately handled an earlier complaint involving the alleged rapist.
Russell, of Vancouver Rape Relief and Women's Shelter, said Fernando Manuel Alves of Burnaby, a pub owner and former vice-president of the B.C. Ball Hockey Association, was accused by a woman in Whistler in 2005 of raping her. But according to Russell the RCMP bungled the investigation and no charges were laid. She said the police interviewed the alleged victim while she was drunk, didn't get a sexual assault examiner to collect forensic evidence and didn't allow a woman's advocate to sit with the alleged victim when she gave police her testimony.
An investigation by the Vancouver Police Department into assaults against women in Vancouver led to four charges of sexual assault and one count of administering a noxious substance.
From here:
Hi all,I have some news - as some of you may recall, the pretrial in the sexual assault case of Fernando Manuel Alves occurred last August. He was committed to trial on only 2 of the 5 counts (2 victims could not testify, and there was no "proof" that it was him who drugged me). The trial was scheduled for June 8-26, 2009.I have just heard from the Crown Counsel, who told me that he has pleaded guilty.
He accepted a plea bargain, in which he pleads guilty to my assault, but the other remaining assault charge has been dropped. The Crown is asking for 12-18 months in jail. We won't know what he gets until sentencing, which I am told will happen some time in June or July. He will be registered with the Sexual Offenders Database, and is required to provide a DNA sample for forensic records.So there will be no trial, I will not have to testify again, (though in some sick way I was looking forward to obliterating the defense laywer again :)
While this episode is by no means over for me or my family, there is finally some closure, and we are all happy about that. Some more good news on that front, the investigation into Sergeant Asshat, head of the Sexual Offenses Squad of the XXXXXX Police Department has, after significant delays, concluded that Sergeant Asshat was indeed guilty of a disciplinary default in his treatment of me, and he has been removed permanently from that department. We are very pleased about this, as future victims will not have to deal with the "re-traumatizing" I faced in dealing with this individual. ...
The judge rejected the Crown Counsel's request for a 12-18 month sentence, yet he nonetheless allowed that the convicted rapist be on the sex-offender registry for the next 20 years.
Why? It's a legal recognition that Fernando Manuel Alves is a sexual predator. Does this mean that he won't be allowed to work in any situation that could provide him opportunities to continue to prey upon women?
By the way, there are a number of predators like Alves at liberty because police officers investigating complaints of sexual assault are disinclined to take the victim - and the crime - seriously. For example this case in London, England. And of course, "Sergeant Asshat, head of the Sexual Offenses Squad of the XXXXXX Police Department" in British Columbia, Canada.
16 comments:
Great work, dBO!
No, indeed. I don't think we're done with Alves. Not by a long shot.
This creep was President of The BC Ball Hockey association.
Ball Hockey, eh? Sounds like a good idea. Just let me get suited up.
Does anyone know what the assault charge that was dropped was?
I don't, Dr. Dawg. Maybe go to the link to meanoldmommy's blog and ask there.
There were 4 charges of sexual assault, so 4 separate victims. 1 charge of administering a noxious substance, to the one victim they got forensic evidence from (rape kit). One of the 4 sexual assault charges had originally been reported to police in Whistler (where he owns a lodge for rent), but the police did NOT get any forensic evidence, and did not investigate the complaint. During the investigation of the latest complaint, 4 victims were identified. At the preliminary trial, 2 of the 4 victims could not testify, so those charges were dismissed or dropped (don't know the proper terminology). The noxious substance charge was also dropped as there was no proof (READ: no one saw him do it - imagine that...)that it was Alves who drugged her. (then proceeded to violently rape her... no proof??) He was committed to trial on 2 counts of sexual assault, 2 different victims. Shortly before the 3 week trial was to commence (approximately 8 months after the preliminary trial)he pleaded guilty. The plea bargain was to plead guilty to one of the remaining 2 counts if the other was dropped. So he was only convicted (or guilty) of ONE sexual assault, according to the sentencing judge. "Crime of opportunity"??? Okay, crime of FOUR OPPORTUNITIES. Gee, this guy sure comes across a lot of drugged (not by him of course) women.
Perhaps he is telling the truth; he's not the one who actually put the drug in their drink - if someone else did it for him, as a favour returned.
The Whistler RCMP completely botched the first complaint against Alves and it was a total issue of "re-traumatizing" the victim. There is a formal complaint and ongoing investigation into the members of the Whistler RCMP that handled the complaint...or didn't handle it (depening on which way your look at it).
The complaint against Alves was made right after the incident took place and the RCMP did gather evidence; however they blamed and harrassed the victim and even asked her to take a lie detector test. They told her ..."because you were drunk you consented" and threatened to arrest her for filing a false complaint if she didn't confess that the inicident was consensual. All the while, she was still intoxicated, and vomiting from the drugs she believes he gave her.
A sexual assault kit was completed at the Whistler hospital right after the assault and sent to the forensics lab. However, because of "backlog" the kit still hadn't been processed weeks after the assault...and since the victim decided she couldn't handle the "re-traumatization" at the hands of the RCMP, the charges were dropped. The forensics lab would not process the kit if there were no charges being laid...and thus they DESTROYED THE RAPE KIT! So yes...when Vancouver Police re-investigated the complaint and decided to go ahead and file charges....there was not much forensic evidence left.
The Whistler RCMP botched this investigation in so many ways...it goes WAY beyond the above.
Wow, Anonymous. What's up with the RCMP in BC? Are they useless tits like this everywhere? Or just in BC?
Sadly it was a Whistler RCMP member with tits that was the most useless. This type of victim bullying is so systematically ingrained in RCMP sexual assault investigative procedures that it's all one big boys club. In fact, Alves probably plays ball hockey with half the squad...
Ah, the Boys Club that the non-Boys have to try to join.
I don't live in BC. But I'd like to know -- why doesn't BC have its own provincial police force? Just turf the RCMP out and form its own force? (OK, probably not in that order.) Lordknows, the OPP in Ontario is not wonderful, but at least it is (somewhat) accountable to the provincial government.
Here's something odd that a couple of bloggers, including me noted when we were googling Alves on the web, trying to find information for our posts.
His name came up on a discussion board for people in Vancouver who are club-goers. From the very circumspect manner in which some of the women addressed the aggravated sexual assault charges against Alves, I concluded that he's a known element - yet nobody jumped to his defense, In fact, I sensed that the women who knew Alves had reasons for not sharing information.
Fear of reprisals from Alves' extended social network? Perhaps.
Ironically it's the Squamish RCMP in charge of the investigation of the official complaint made against the Whistler RCMP...how's that for accountability!
Alves is owner of a pub in Burnaby - I'm sure much of his social network includes employees/business contacts. Is it possible the women who knew Alves feared such a reprisal would damage their reputation in an industry they rely on for income???
If any of Alves' victims would like to contact me, you can reach me at dangeroustobewoman@gmail.com. I was his latest victim - or the latest to come forward. I would like to get in touch with the victim from Whistler, the other one who testified - we passed in the doorway to the crown prosecutor's office. If you feel like getting in contact, please feel free. Thanks
There was a notice and warning recently posted on Craig's List/Vancouver regarding Alves.
It linked to our blogposts to provide additional information regarding his conviction, as well as registration as a dangerous sex offender.
Can you please provide the link?
Thanks.
It was back in April that a notice was posted on Craig's List. It's probably not available now.
The links provided in my original post, above, are to media reports about Alves' criminal conviction.
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