THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Friday, November 11, 1994 TAG: 9411110650
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: FROM WIRE REPORTS
DATELINE: HALIFAX, NOVA SCOTIA LENGTH: Short : 49 lines
The captain of a Canadian minewsweeper was dismissed from the armed services Thursday after he was found guilty of sexually assaulting a female crew member while the ship was docked in Norfolk.
The military court hearing the case rejected arguments by Lt.-Cmdr. Michael Don Page that he was too ``plastered'' to be held responsible. For five hours on the afternoon before the assault, Page drank five to six glasses per hour of high-proof rum.
According to the Canadian Defense Department, this is believed to be the first sexual assault charge against the captain of a Canadian navy ship.
Page, a full-time reservist, was demoted to lieutenant and dismissed from the service. He had faced a maximimum penalty of six months in prison and a $2,000 fine.
Page, who was commanding officer of HMCS Anticosti, was tried on a single count of sexual assault for propositioning a crew member, groping her on a ladder between decks and trying to kiss her.
Page testified that he took medicine for seasickness on Jan. 29, then started drinking and didn't stop until 4 p.m. - about an hour before the assault. An expert witness estimated that the concentration of alcohol in Page's blood would have been about four times the legal limit for driving.
``These concentrations are very high,'' said Dr. Peter Mullen, and could cause ``severe loss of higher brain functions . . . (and) loss of rational thought.''
In several recent criminal cases in Canada, drunkenness has been used successfully as a defense in assaults against women.
Page apologized to the victim after the assault and testified before sentencing that he still is sorry. ``I very much regret the incident,'' he said. ``I wish I could remember something (about it) to understand why it occurred. I make no excuses for it.''
The crime was aggravated by Page's role as the victim's commander, said prosecutor Maj. John Smithers. She was ``obviously intimidated by the rank and power of the accused,'' Smithers said. MEMO: Staff reporter Malcolm Dunlop of The Chronicle-Herald in Halifax, Novia
Scotia, contributed to this report.
KEYWORDS: SEX CRIME ASSAULT by CNB