Former Niagara cop who ran massage business sexually abused 11 women. He'll serve 18 months of house arrest

Warning: This story contains descriptions of sexual assault.

A former Niagara police officer who admitted to sexually abusing 11 women at his side massage business will serve an 18-month sentence at home.

David Kukoly, 54, who was a veteran officer at the time of his arrest, pleaded guilty to five counts of sexual assault. He admitted to similar abuse against an additional six victims in an agreed statement of facts. He was sentenced on June 21 at the Ontario Court of Justice in St. Catharines, Ont.

Kukoly was not a registered massage therapist but still operated his "Massage by Dave" business from his Port Colborne home using a different last name. 

Under the premise of providing massages, he inappropriately touched 11 women without their consent between 2016 and 2018, wrote Justice Richard Blouin in his sentencing decision.

Justice Blouin described some of the assaults as "harrowing" and in a "closed, isolated room" with "a significant impact on the psychological health" of victims, but decided against the Crown's request for a four-year prison sentence. 

Instead, the judge said, a year and a half of house arrest was appropriate given his "long record of service to the community" as a police officer for over 28 years, and because he "stepped up to the plate" and pleaded guilty. His admission of guilt avoided a trial and victims having to relive his crimes in court.

Judge concerned for accused's safety in jail

However, Kukoly's sentence is "unbelievable" and "devastating" for sexual assault victims, said Brock University Prof. Robyn Bourgeois, an expert in gender based violence and a sex trafficking survivor. 

She said it is "disturbing" that more weight wasn't given to the lasting psychological harm experienced by victims. 

"These are the cases that drive sexual violence in this country," Bourgeois said. "Survivors are unlikely to come forward because of the law's failure to take their trauma seriously, which means perpetrators evade capture and continue to sexually abuse people." 

Justice Blouin also wrote in his decision that house arrest will ensure Kukoly can take care of his high blood pressure and step children, and avoid being harmed in prison.

"He would be an obvious target for some other inmates who do not consider police officers to be their friends," Blouin wrote. "In my view, the potential risk of harm, perhaps serious harm, is obvious." 

Sexual assault 'life changing' for survivors

Nicole Pietsch, an advocate with the Ontario Coalition of Rape Crisis Centres, said this decision suggests preferential treatment for police officers and Kukoly should have taken the risks of imprisonment into consideration when he sexually assaulted his clients.

"If an actual massage therapist had done the very same, perhaps that person would have gone to prison," Pietsch said. 

In Canada, 12 per cent of sexual assaults reported to police lead to a criminal conviction and seven per cent result in a custodial sentence, according to Statistics Canada. 

"This can leave a really negative impression on survivors who do choose to go through the criminal justice system because they feel they may not be getting the results they wished for," Pietsch said. 

"And for survivors, it can be really life changing to be sexually assaulted, particularly by someone who is in a trusted position." 

Niagara police chief Bryan MacCulloch said in a statement he is aware of Kukoly's sentence but as the case is still within the timeframe of a potential appeal "it would be inappropriate to comment further." 

He did not answer CBC Hamilton's question as to when Kukoly was discharged from service, but said it's important to note he's no longer a police officer. 

The Ministry of the Attorney General did not provide a comment on if the Crown will be appealing the sentencing decision. 

Kukoly's defence lawyer did not return a request for comment. 

If you or someone you know has been affected by sexual violence, you can find support here.