Trivializing Sexual Assault
"[He] picked me up and threw me on the bed. [There had been] no indication of any kind of sexual tension between the two of us all night long. It made me really uncomfortable."
"[I] tried to make it clear being on a bed was not the place I wanted to be [and] I guess he just backed off."
"[Then I recalled] being back on the bed ... I don't remember walking in but I assume I did."
"[I remember hearing him] beckoning [to his girlfriend to come in. He told the girlfriend] that I had said that I like threesomes."
"I believe I said that, yes. Because I don't actually like threesomes, especially with strangers."
"[I kissed him back] because I didn't want to be a bad lay [then realized] Holy shit, that I'm having sex with someone and it's not really ... I felt messed up about it -- confused, ashamed, upset. I felt awful."
"I saw somebody who wasn't, well, this person I hardly knew ... I had to get out of the bed."
Name protected, 28-year-old complainant
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| Toronto courtroom, National Post file |
A trial is being conducted before Ontario Superior Court Judge Mario Faieta before a jury at a downtown courthouse in Toronto. A 28-year-old woman has charged a 44-year-old acquaintance with rape, a man who is pleading not guilty. Prosecutor Maeve Mongovan informed jurors in her opening statement that the alleged sexual assault occurred in the early morning hours at the apartment of the man who has been accused.
The woman who worked at an east-end Toronto restaurant and bar finished her shift just after midnight, when she sat around drinking at the bar with co-workers. Over the following few hours she consumed, by her own estimation, about ten drinks that included two double gins and soda and four shots. The man whose girlfriend also worked at the restaurant jointed the group at another bar nearby, where he and his girlfriend invited the 28-year-old and her co-worker to come party with them at his downtown apartment.
The 28 year-old took up the invitation, her friend did not. When she arrived at the apartment the man she has accused of rape and his girlfriend were present in the apartment along with another male friend and they were doing lines of cocaine, so she joined them, taking "around four lines of cocaine", herself. It was her experience that cocaine "can kind of sober you up a little bit". She thought herself to be around "a four out of ten" on the intoxication scale. And that's when the defendant offered her "some G" which she knew as "a date-rape drug" she had taken once before in 2011 at a Pride parade.
The drug, she testified, made her "a little bit sleepy". She was due to work that morning at a fitness club where she had a second job. "I figured it was a good way to get some rest", she testified even though the defendant cautioned her: "Be careful; it's a bit strong." Nonetheless "I took the shot". The defendant offered her a tour of the apartment while his girlfriend and the other man were standing outside on the apartment balcony. It was then that the defendant, claimed the woman, threw her onto the bed. She protested, then joined the others on the balcony.
She has no memory of returning to the bedroom, ostensibly by her explanation under her own power. But does recall hazily that she informed the defendant that she enjoyed sex in threesomes. Following which she realized she was having sex -- with someone, then saw it was the defendant. She lent herself to the enterprise in the spirit of cooperation, but felt guilty that she had 'betrayed her boyfriend'. When she said she wanted to stop and slid off the bed that was the end of it. The defendant called an Uber ride for her and she went home.
At work, her friend consoled her as she wept, informing her friend she had consumed GHB and had sex with someone other than her boyfriend. Her friend responded: "Don't feel guilty Somebody gave you drugs and had sex with you. That's not you cheating on [the boyfriend]. That's date rape."
And so, having been informed by a friend that she had been raped, the claimant decided to lay a criminal charge of rape against the man whose apartment she had visited, where she drank alcohol while already on the way to intoxication, took heroin, and capped it off with a date-rape drug, all of which she consumed not merely willingly but assertively.
Labels: Criminal Law, Demi Monde, Morality, Sexual Assault
posted by Pieface @ Friday, December 07, 2018
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