Black Press file photo

B.C. woman gets new trial after judge ‘stereotyped’ domestic violence victims

Mission woman convicted in 2017 of break-and-enter at Manning Park

A Mission woman has won a new trial after a B.C. Court of Appeal panel found that the judge’s reason for finding her guilty of break-and-enter was based on “impermissible stereotyping about how domestic assault victims typically react.”

Faye-Ann Thompson, 38, was convicted in February 2017 of a break-in which occurred in August 2014 at a residence in Manning Park.

She testified that, at the time, she and her boyfriend were working at Manning Park Resort and living in Mission.

They decided to go for a drive one night in Manning Park. At some point, they got into a fight in which Thompson said her boyfriend dragged her out of the vehicle by her hair, punched her in the back of the head, pushed her down a hill and then drove off, leaving her in a remote area.

Thompson testified that she was frightened, crying, and bleeding from her scrapes and scratches.

She said she eventually started walking down the forestry road they had drive along and, after more than two hours, came across a house down a smaller dirt road.

Thompson testified that she saw a man standing beside a ladder that was leaning against the house, and, still distressed, she told him about the fight she had with her boyfriend.

She said she then asked the man – who told her his name was Jason – if he could give her a ride, and he said he could take her to Mission because he had to work in Abbotsford that evening.

Thompson said that Jason told her he first needed help getting into the locked house, where he had left his keys.

She testified that Jason said he had tried but could not get himself up to the partially open window.

Thompson said she agreed to assist him, climbed up the ladder, opened the window and then let Jason in through the back patio door.

She said she waited on the patio for him, and about 15 minutes later, they left in the car that was on the property.

When the homeowners returned, they discovered that their vehicle was missing, as was a camera, $300 in cash and a purse that contained a spare set of keys to their vehicle.

RELATED: Man sentenced for domestic assault and crashing into Abbotsford Police truck

They were later advised that their burned-out vehicle was found in the Mission area.

Thompson’s fingerprints were found on the inside of the window to the master bedroom, according to court documents.

The Crown argued that Thompson’s story was not credible and that she had made it up to explain her presence at the house.

The judge agreed, saying that Thompson’s actions did not accord with common sense, including that she never called the police or anyone else for help after the alleged assault, and that she did not seek first aid or clean up her wounds when she was in the house.

Thompson testified that she had cleaned up in the river, and she didn’t call police because she thought she’d be in more trouble with her boyfriend if she reported the assault.

The judge said she also found it “simply unbelievable” that Thompson, after apparently walking for two hours, came across a “fortuitous stranger” who just happened to be going to Abbotsford for work later that evening.

Thompson appealed the conviction, saying the judge erred by relying on “stereotypical assumptions about how a woman in an abusive relationship would react when assaulted, including that she would report the abuse to the police.”

Two of the three appeal-court judges – a woman and a man – agreed, saying that the trial judge erroneously relied on “impermissible stereotyping” to convict Thompson.

The dissenting judge, a woman, said the trial judge “simply applied common sense about human behaviour” to assess Thompson’s credibility, and dismissed the appeal.

Appeal applications require a majority, not a unanimous, vote to be allowed.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Vancouver Island’s current COVID-19 case count officially hits zero

Of the 130 recorded Island Health cases, five people have died, 125 recovered

Black bear sighting reported on UVic campus

University urging residents in the area to be careful

National Doughnut Day pays tribute to those on frontlines of First World War

The Salvation Army will be handing out doughnuts to community partners on Friday

MISSING: High-risk woman last seen on May 25

Police are asking for the public’s help in locating Jennifer Daughinee-Mendelson

CRD to consider plan for mountain biking trails at Mount Work

SIMBS seek new trails in Hartland, Partridge Hills

MAP: Dr. Henry reveals which B.C. regions have seen most COVID-19 cases

B.C. health officials release a first look at how the novel coronavirus has reached all corners of the province

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

‘I’m pissed, I’m outraged’: Federal minister calls out police violence against Indigenous people

Indigenous Minister Marc Miller spoke on recent incidents, including fatal shooting of a B.C. woman

Plan in place for BC Ferries to start increasing service levels

Ferry corporation reaches temporary service level agreement with province

B.C. starts to see employment return under COVID-19 rules

Jobless rate for young people still over 20% in May

Alert Bay resident carves tribute to his community kicking COVID-19’s butt

‘Our little village crushed the curve with love and commitment’

End of an Era: Tofino hair studio closes shop

“We were getting excited to start ramping up and then all of sudden we had to close our doors.”

Kelowna Mountie on desk duty following ‘aggressive’ arrest

The officer involved in an arrest that took place on May 30 in Kelowna has been placed on administrative duties

Protests shift to memorializing George Floyd amid push for change

‘There is something better on the other side of this,’ says Atlanta Mayor Keisha Lance Bottom

Most Read