Girl too drunk to con­sent to sex: judge

The Hamilton Spectator - - CANADA & WORLD - PAOLA LORIGGIO

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.

The boy was also drunk but not as much, they tes­ti­fied. He told the court he did not be­lieve al­co­hol had af­fected his be­hav­iour but noted a friend had com­mented on his level of in­tox­i­ca­tion, the doc­u­ments said.

In a de­ci­sion re­leased last week, 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.

“They drank while walk­ing to the street­car and while on the street­car. Fur­ther, when they got to the beach and soon there­after sat down near the bon­fire, they con­tin­ued drink­ing. It is sim­ply not pos­si­ble that he was un­aware that she was drink­ing a lot of al­co­hol,” she said.

What’s more, at the time when he claimed to be hav­ing con­sen­sual sex with her, the girl was in and out of con­scious­ness and had al­ready thrown up, the judge said.

In­stead, the boy “forged ahead, know­ing there ex­isted a dan­ger or risk that she was too drunk,” Cros­bie said.

“Fur­ther, he was aware of a need for some in­quiry but he did not wish to pur­sue the truth — he pre­ferred to re­main ig­no­rant.”

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