Black Press file photo

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

West Coast General Hospital in Port Alberni received some good news about an expansion to its emergency department on Jan. 15, 2021. (SUSAN QUINN/ Alberni Valley News)
B.C. health ministry commits $6.25M to hospital expansion in Port Alberni

Plans for larger emergency department have been on hold since 2015

A Tla-o-qui-aht First Nation guardian took this photo of dozens of vehicles parked along a forest service road in the Kennedy watershed. (Submitted photo)
Alberni-Clayoquot Regional District looks at enforcement of illegal camping

ACRD currently does not have an existing bylaw service to tackle the issue

Ucluelet local Geoff Johnson snapped this photo of a Risso’s dolphin that washed up near Chesterman Beach in Tofino on Wednesday, Jan. 13. (Geoff Johnson photo)
Washed up Risso’s dolphin offers glimpse into “whole other world” near Tofino

“It’s like a UFO crash landed and you can come look at it.”

(B.C. government)
POLL QUESTION: Would you report a neighbour in breach of COVID-19 regulations?

Would you report a neighbour in breach of COVID-19 regulations? READ MORE:… Continue reading

Keith the curious kitten is seen on Nov. 4, 2020 at the Chilliwack SPCA. Friday, Jan. 22, 2021 is Answer Your Cat’s Questions Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Jan. 17 to 23

Answer Your Cat’s Questions Day, Pie Day and International Sweatpants Day are all coming up this week

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

JaHyung Lee, “Canada’s oldest senior” at 110 years old, received his first dose of the COVID-19 vaccine on Thursday, Jan. 14, 2021. He lives at Amenida Seniors Community in Newton. (Submitted photo: Amenida Seniors Community)
A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Standardized foundation skills assessment tests in B.C. schools will be going ahead later than usual, from Feb. 16 to March 12 for students in Grades 4 and 7. (Black Press Media file photo)
B.C. teachers say COVID-affected school year perfect time to end standardized tests

Foundational skills testing of Grade 4 and 7 students planned for February ad March

Sooke’s Jim Bottomley is among a handful of futurists based in Canada. “I want to help people understand the future of humanity.” (Aaron Guillen - Sooke News Mirror)
No crystal ball: B.C. man reveals how he makes his living predicting the future

63-year-old has worked analytical magic for politicians, car brands, and cosmetic companies

Terry David Mulligan. (Submitted photo)
Podcast: Interview with longtime actor/broadcaster and B.C. resident Terry David Mulligan

Podcast: Talk includes TDM’s RCMP career, radio, TV, wine, Janis Joplin and much more

Seasonal influenza vaccine is administered starting each fall in B.C. and around the world. (Langley Advance Times)
After 30,000 tests, influenza virtually nowhere to be found in B.C.

COVID-19 precautions have eliminated seasonal infection

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials say country will still likely receive four million doses by the end of March

Most Read