A Toronto police constable is suspended without pay after being convicted of sexually assaulting his wife's young sister in 2016.

The officer's name and the name of the complainant are protected by a publication ban.

The complainant was 15 in January when she told a court that the officer, who was married to her older sister, sexually assaulted her in March and July of 2016. The complainant's testimony is contained in a transcript obtained by CBC Toronto.

The officer was convicted of two counts of sexual assault and two counts of sexual interference, according to court records.

A spokesperson for the Ministry of the Attorney General said in an email that the sexual interference counts were stayed in accordance with a legal principle that prevents multiple convictions "if both of the charges arise out of substantially the same facts."

The officer is appealing his convictions.

Complainant described multiple assaults

The complainant said she was visiting the home shared by her sister, the officer, and the couple's daughter in March 2016.

It was "probably around 3:00 or 4:00 in the morning," when the officer returned home, according to the complainant. Worried that the officer would be upset she was still awake, the complainant pretended to be asleep on a living room couch.

The complainant said she heard the officer approach her, and kept her eyes closed as she heard the "ruffle" of his clothing and the sound of the officer masturbating. When the complainant pretended to be waking up, the officer claimed he was cleaning up, and went to the kitchen.

The officer returned shortly after, said the complainant. She claimed she could see flashes of light through her closed eyes, and believed the officer could be photographing her. She also felt the officer touch her head and hand with his penis. She heard the officer wipe the couch, and believed he could be cleaning up ejaculate.

The complainant said she had been dozing on a couch in the officer's home when he assaulted her a second time in July 2016.

She saw the officer after he had come downstairs, but kept her eyes closed as she heard the movement of his clothing again.

"I was in panic and I knew it was going to happen again," the complainant said.

The complainant said she could hear the officer masturbating, and said he touched her with his penis and ejaculated on her hand.

Officer was on paid suspension

The officer was suspended with pay for more than a year before his sentencing.

In an affidavit dated May 16, the officer wrote that he had remained on the police payroll since being charged in September 2016. The officer was placed on unpaid suspension on June 4, 2018, according to Toronto police — the same day he was sentenced to prison time.

The officer, who was granted bail pending appeal, said in the affidavit that he was divorcing his wife.

The previous Liberal government passed a bill that included measures to allow police chiefs more latitude in suspending officers without pay, but the new legislation has not taken effect.

Premier Doug Ford has since blocked other parts of the Liberals' legislation, which deal with police oversight, and promised to review the bill. In the meantime, the current version of the Police Services Act allows for unpaid suspensions only in rare circumstances.

Asked about the province's plans in that area, a spokesperson for the premier referred CBC News to the office of the Ministry of Community Safety and Correctional Services. So far, the ministry has not answered questions regarding paid and unpaid suspensions.

Officer apologized, but claimed 'I'd never ever do anything like that'

The court heard that the complainant and the officer spoke online after the assaults. In messages read by the complainant, the officer expressed remorse, but did not explain why he was apologizing, according to a court transcript.

"I didn't even know what happened," he said. "It destroyed me. … I'd never ever do anything like that."

Justice Nancy Dawson found the officer's messages were an acknowledgement of wrongdoing, and said he was "minimizing" his behaviour.

"There is no denial that he has done something wrong but rather an acceptance that he has and that apologies are needed, that he is now taking counselling," Dawson said, according to a transcript of her decision.

Court heard of complainant's dreams​

Defence lawyer Harry Black asked the complainant why she'd asked to stay at her sister's home in July if she believed the officer had previously masturbated near her.

"When it first happened, I just tried to say [he] wouldn't do that and maybe it was a bad dream," the complainant said.

The complainant also told the court that she had had dreams of being sexually assaulted.

"I tried to put it as one of those," the complainant said, referring to the March assault.

In her decision, Justice Dawson rejected the idea that the events were dreams. Dawson acknowledged some inconsistencies in the trial evidence, but described the complainant as "credible" and "reliable."

In a notice of appeal, lawyer Andrew Furgiuele claims "the trial judge erred in her treatment of the complainant's evidence regarding dreams by making a finding that had no basis in the evidence."

The officer is also facing non-criminal disciplinary charges at a Toronto police disciplinary tribunal.

Spokesperson Meaghan Gray said in an email the charges had been on hold, but the service now expects to move forward. James Forcillo is the only other TPS officer suspended without pay, Gray said.

Officers found guilty of misconduct can be dismissed.