Lawsuit filed against former Windsor police officer who had sex with domestic violence victim

In 2017, Peter Burke was a Windsor police officer investigating a case of intimate partner violence — during which he started a sexual relationship with the female victim.

Now the woman is suing Burke and the Windsor police services board in civil court for $4.5 million.

According to the statement of claim, which was filed last month, Burke "used his position of authority and trust to facilitate the sexual activity and to ensure that the plaintiff did not tell anyone about the same."

"Burke also preyed upon the plaintiff's known vulnerabilities and sensibilities to coerce and manipulate her into engaging in sexual activities with him."

The claims have not been proven in court. Burke's legal counsel, Raymond Colautti, has issued a press release that "the allegations made are categorically false, exaggerated, and based on malicious intent."

"At all material times, the plaintiff engaged in sexual encounters with this defendant freely, on her own volition, and with her full consent," Colautti wrote.

The civil suit revisits a scandal that resulted in Burke being penalized under the Police Services Act last year. After pleading guilty to discreditable conduct and insubordination, he was temporarily demoted from first-class constable to second-class constable.

The provincial Special Investigations Unit examined the case, but found no grounds to charge Burke criminally.

Asked for comment on the new lawsuit, the Windsor Police Service said Burke is no longer an employee.

Colautti wrote that his client tendered his resignation as a police officer in September 2022.

The plaintiff is only identified in the suit with the initials "G.M." At the time of Burke's affair with her, he specialized in dealing with domestic violence cases.

As a Windsor police officer, Burke conducted public talks at schools and community organizations, lecturing on such subjects as positive values and influences, and prevention of sexual harassment and abuse.

The statement of claim describes Burke taking "an immediate special interest" in the plaintiff.

The lawsuit states that Burke's first sexual intercourse with the plaintiff happened in his vehicle in the parking lot of the Collision Reporting Centre in Windsor — within weeks of Burke meeting her through his investigation.

According to the suit, other sexual encounters took place between them until around January 2018, when they both agreed to stop. They resumed sexual activity in early 2021, the suit states.

The suit alleges that Burke would visit the plaintiff's home while driving Windsor police vehicles, and wearing his police-issued gun, badge, handcuffs, and other police paraphernalia.

When Burke was transferred to the patrol unit in 2021, he allegedly began showing up at the plaintiff's home in full WPS uniform.

The suit claims that "no consent was possible owing to Burke's position of trust, power, and authority over the plaintiff."

The suit further alleges that Burke sexually assaulted the plaintiff in her home in May 2021, during which Burke "ignored the plaintiff's verbal and/or non-verbal expressions of her lack of consent to engage in, or continue to engage in, sexual activities, including vaginal penetration."

No criminal charges

Colautti described all encounters between the plaintiff and Burke as "fully consensual."

"No criminal charges were ever brought, because there was no criminal conduct whatsoever," Colautti said.

According to Colautti, the sexual relationship began after the investigation into the woman's case was completed.

Colautti described the plaintiff as "flirtatious" in her communication with Burke.

Colautti wrote that Burke acknowledges the relationship was "a serious error in judgment on his part," and that Burke has already admitted that he breached professional standards.

"He has taken ownership of this fact and cooperated with all internal and external police investigations."

Police board also named in the case

The Windsor police services board has also been named as a defendant in the suit because of the police service's alleged failure to "properly screen, interview, and investigate Burke prior to his hiring," as well as the failure to "adequately supervise, control, and give guidance to Burke" as a police officer.

According to the lawsuit, the woman is undergoing psychological counselling, and continues to suffer "mental anguish" and more.

"The life of the plaintiff was fundamentally and forever changed by the above-noted behaviour," the suit states.

But Colautti questioned the woman's motives in making such allegations in a publicly available manner. He said the possibility of malicious intent will be the subject of a counter-suit by Burke.

"The means chosen by the plaintiff in this case to try her case in the court of public opinion have resulted in a grave violation of Mr. Burke's right to privacy, and were intended to hurt him and his family," Colautti wrote.