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Live Event. Toronto Sexual Assault. Latest Toronto Sexual Assault news. December 2, pm. November 27, pm. What is this? X What is this? More stories below. November 6, pm. Global News. October 24, pm. September 11, pm. August 15, am. DeJesus Carrasco was handcuffed and taken into custody with a bail hearing set next month.
He faces two future trials on three counts of sexual assault involving three women. His lawyer Uma Kancharla said, after the verdicts, that her client maintains his innocence in all the charges and they are considering grounds for appeal.
MacMillan walked out of the courthouse by the waiting television cameras but did not respond to questions. A sentencing hearing has been set for the end of January.
The charges the jury could not reach a verdict on were stayed by the Crown. During deliberations the jury asked questions about the law around consent and forcible confinement. The trial is one of several in recent years that show the challenges posed when a complainant may be too intoxicated to consent but has little memory of what happened. Such cases often rely on the testimony of other witnesses or video.
In this case, the jury watched video footage from the time the complainant entered the bar at p. The complainant testified she has a hazy memory of the night, and could only recall bits and pieces of what happened. She said she did remember being forced to perform oral sex on MacMillan, being penetrated by both men and wanting desperately to leave but her body not co-operating.
The defence argued she was faking her memory loss to avoid answering difficult questions. Both MacMillan and DeJesus Carrasco testified in their defence and said the sexual activity was entirely consensual and they had no concerns about her being too intoxicated to consent. Dambrot instructed jurors that they could find the men guilty of gang sexual assault if they found the complainant was not consenting, too intoxicated to consent or unconscious at any moment during the several hours of sexual activity that night.
The jurors did not have to agree on the same moment or reasons, as long as they all found one that satisfied them beyond a reasonable doubt. The complainant would not have capacity to consent, Dambrot said, if she was intoxicated enough not to know the sexual nature of the act, the identity of her partner or partners or that she had the right to say no. If the jury found the complainant was unconscious at any point, she would automatically lack capacity to consent.
Both accused have said she never lost consciousness. Defence tells trial of two men accused of sexually assaulting woman, 24, that video shows a BDSM sexual encounter. The jury was also told to consider whether the accused could have an honest belief that the complainant was consenting and whether they took reasonable steps to determine she was consenting.
Dambrot noted a reasonable person would take more care in ascertaining consent before invasive and dangerous sexual activity with a stranger.
The complainant had been shown brief clips of the video by the Crown prior to the trial, so that she would not have to see them in court for the first time, prosecutor Rick Nathanson said in court. He said it was extremely difficult to decide how much of it was necessary to show her, given that she cannot remember much of it and she found it extremely upsetting to watch. When she saw a clip of her staggering through the bar and crashing into tables at around p. DeJesus Carrasco said she was flirtatious and making lewd comments, though the exact comments he alleged she made were ruled inadmissible.
The video shows her being served two cocktails and five whiskey shots, though it was disputed how much she consumed and how big the shots were. She had three of the shots with the two men in the span of ten minutes around 10 p.
When the complainant and DeJesus Carrasco were in the bar alone around p. The jury acquitted DeJesus Carrasco of this count of sexual assault. At around p. DeJesus Carrasco said they got food and then he left the complainant alone with the College Street Bar unlocked while he got a drink at another bar. When he returned to the College Street Bar several minutes later to meet a cocaine dealer he saw her swaying on the sidewalk outside. They went into the bar at about p. She remained in the chair barely moving with her head slumped forward for ten minutes.
DeJesus Carrasco said she never lost consciousness and continued to ask for cocaine. DeJesus Carrasco pulled the complainant over to the bar when the cocaine was ready, slapped her face repeatedly and positioned her head over the cocaine. After this she got up and staggered out of the bar, crashing into tables on her way out. She came back in two minutes later, still walking very unsteadily.