Petawawa soldier receives eight years for sexual assault, voyeurism
SUBMITTED PHOTO Derrick Gallagher
A Petawawa soldier was sentenced Monday to 8 years and nine months in prison for video taping and taking photographs of women as he sexually assaulted them.
In Pembroke superior court, Cpl. Derrick Gallagher learned he will receive five years and four months of credit for the pre-sentence custody he had already accumulated. The 33-year-old infantryman, a member of the Royal Canadian Regiment, pleaded guilty last summer to six counts of sexual assault and three counts of voyeurism by making visual recordings.
Justice Martin James told the accused that he will have to serve another 42 months in prison. Upon his release, he will be under a federal long term supervision order for six years. Gallagher will be also be subjected to the Sex Offender Information Registration Act (SOIRA) for life. Justice James also imposed a lifetime weapons prohibition and ordered that the accused provide a sample of his DNA for the National DNA Data Bank.
Gallagher had admitted to engaging in sexual acts with women, secretly videotaping them without their consent and video recording online chats, including several instances where a woman danced for him and took off her clothes. The incidents involving 13 different victims occurred between January, 2007 and June 2013.
A police investigation began after a woman showed up at the Whitby OPP detachment with a video disc containing some disturbing images. Sifting through the images, investigators identified and subsequently interviewed the victims concluding that the videos and photographs were taken without their consent.
While they found victims clearly not awake in the videos or images, the Crown did not allege or seek to prove that Gallagher performed any criminal or illegal act to cause the victims to be in that state. The investigation found that Gallagher relied on Internet dating or online chatrooms to meet his victims.
An agreed statement of facts that had earlier been filed with the court by Crown Attorney Dallas Mack and defense attorney Jason Gilbert recounting several incidents involving Gallagher and his victims in Petawawa, Ottawa and Oshawa.
In two incidents at Gallagher's apartment on Victoria Street in Petawawa, the accused shot a video of an undressed woman lying unconscious on his bed. He went on to touch some of her body parts with the camera while she remains unconscious. The victim didn't know the video had been shot until the OPP showed her the pictures and videos during an interview following Gallagher's arrest in 2014. In another video of a different victim, who is also unconscious, he is seen pulling down her top as she lays on a couch. He then proceeds to touch her exposed body parts.