Teen girl too drunk to con­sent to sex at beach party: judge

Cape Breton Post - - Canada -

TORONTO — A teenage girl who was in and out of con­scious­ness and had vom­ited on her­self was too drunk to con­sent to un­pro­tected sex with an­other in­tox­i­cated teen at a beach party last year, a Toronto judge said in find­ing the boy guilty of sex­ual as­sault. Both teens had been drink­ing with friends for some time and had kissed briefly that April 2016 night, and the boy, who was 15 at the time, tes­ti­fied the girl then asked him to have sex with her by some rocks, ac­cord­ing to court doc­u­ments. She, on the other hand, re­called lit­tle of the evening and only learned what hap­pened through text mes­sages and so­cial me­dia the next morn­ing, the doc­u­ments said. Friends tes­ti­fied dur­ing trial that the girl, who was 14 at the time, was drunk to the point of hav­ing dif­fi­culty walk­ing and talk­ing, with one friend ex­press­ing con­cern she would choke on her own vomit, it said.

Jus­tice Kim­ber­ley Cros­bie said she re­jected the boy’s ver­sion of events and his as­ser­tion that he did not be­lieve the girl was too drunk to con­sent to sex. The boy was “ei­ther reck­less or wil­fully blind to (the girl’s) lack of ca­pac­ity to con­sent,” Cros­bie said.

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