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  3. Drunken Sex: Is it Rape? What You Need to Know.
  4. The problem with consent: Sex-assault cases and intoxication - The Globe and Mail
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A sexual assault examination kit found semen inside of her. Moazzam Tariq was charged, days later, with sexual assault. He told investigators what happened was consensual. Videos collected from two night clubs — one of which K.

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The footage reveals K. Tariq just 15 minutes before they walked — her staggering and him propping her up — out of the bar to the nearby Thompson Hotel. In the elevator up to Mr. Tariq appears to be sober and even singing to himself. The video was a crucial piece of evidence for the Crown, as it provided black-and-white proof of the state K. A compilation of security footage from The Everleigh nightclub as well as the Thompson Hotel that was shown in court.

Detective Anthony Williams, who investigated K. Tariq even if they did not obtain the elevator footage, based on the credibility of K. The reasons vary, they say. Sometimes police want to spare the victim from a gruelling trial process. Additionally, the unique stigma that comes with a sexual assault charge — which can stay with an accused even if a judge finds them innocent — can deter investigators from making an arrest in borderline cases. Finally, the experts said, high caseloads weighing on police officers can lead to a sort of triageing of files. An officer may believe a complainant, but if the evidence is such that, even in a best-case scenario, the odds of a conviction are slim, police may make a decision not to invest too much time in the investigation.

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This is particularly an issue for detectives who have been around a long time and have seen how rare it is for a judge to reach a guilty finding over incapacity, said another Crown. Emilie reported that she had been raped while intoxicated.

Police told her that the suspects provided a video of her giving consent, but could not produce it when she asked. She was upfront with the investigating officer that her memory of the night was limited.

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Police notes show the two men told police that Emilie was a willing participant in a threesome. The case was closed as unfounded — meaning no crime occurred or was attempted. Candice Wright was 22 when she was raped, she says, by a man she met a bar in Red Deer, Alta. Wright woke up naked in the front seat of her van, with faint memories of her head hitting something over and over. Her last clear memory was bumping into the man on the dance floor before heading outside.

All but a handful of the complainants said they felt judged because they had been drinking. In some cases, they said, they were literally blamed. No one is actually sure how many sexual assault cases involve alcohol or drugs, because more than 90 per cent of incidents are never reported. But some studies have suggested that in half of all instances, one or both parties consumed alcohol beforehand. Hannah Varto, a certified sexual-assault-examination nurse in British Columbia, estimates as many as 80 per cent of the sexual assault patients she has treated either knowingly, or unknowingly, ingested alcohol or drugs.

Sexual assault cases almost never hinge on whether a sex act occurred. More often than not, consent is the focus of an investigation, and the influence of alcohol complicates what are already notoriously difficult cases to prove. People that are outright staggering, slurring their words, tuning out, lack of focus, tired, hard to wake up etc. In some paradoxical instances, a nurse has deemed a complainant too impaired to consent to an exam, but in court, a judge has found that they were able to agree to sex.

Elizabeth Sheehy, a law professor at the University of Ottawa and an expert on Canadian sexual assault legislation and legal practices, said she just recently reviewed one such instance with her class, R. Ryder, which went to the Supreme Court of British Columbia in The case involved a year-old complainant, E. On the night in question, E. She told the court that the drugs made her paranoid and caused her to hallucinate.

When the accused began to make advances, E. A passerby later found E. She was taken to the hospital for a sexual assault examination kit, but the nurses sent her home, because she was still too high, and hallucinating. Despite this evidence, the judge found that the reliability and credibility of E.

Michael David Ryder was acquitted of sexual assault, but convicted of sexually touching, because E. We have some pretty strong jurisprudence. The issue is we have a lack of will to actually apply it. Even when evidence is present, sometimes police fumble the case anyway — as appears to have been the situation with Taylor.

In her case, the Chatham police investigation actually did appear to collect strong evidence that the year-old was extremely intoxicated — and plausibly unconscious — at the time of the alleged rape. However, it seems the lead officer misinterpreted the blood alcohol science. Taylor learned this information in an interview with the investigating officer, a copy of which was obtained by The Globe. The timing of a blood alcohol test is crucial, according to two toxicologists who reviewed the case for the Globe.

The body eliminates alcohol at a rate of between 10 to 20 points per hour. She arrived at the hospital about four hours later, she says. Her hospital records make no mention of blood collected for alcohol levels, but one document shows that she gave blood at 7: The hospital declined to comment on this story, but Ms. Even if Taylor was tested the moment she arrived at the hospital, forensic toxicologist James Wigmore told The Globe, working backward from the levels on record, her blood alcohol would have been between and , which still makes her version of events plausible.

Drunken Sex: Is it Rape? What You Need to Know.

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