Judge finds 14-year-old girl too drunk to consent to sex with boy at beach party

[Tennis]

http://news.nationalpost.com/toronto...to-beach-party

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.

“In these circumstances, it is incumbent on a person to ascertain that they actually do have a voluntary agreement to engage in the sexual activity in question,” she 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.”

Neither teenager can be identified under law.

Court heard the teens and their friends pooled their money and asked strangers to buy them alcohol at the LCBO, according to the documents. They then made their way to an east-end beach, where they joined a group of older teens at a bonfire.


The boy and the girl had known each other for a few months but weren’t close, court heard. They talked at the bonfire and kissed a bit, the documents said.

The girl did not testify at trial but her interview with police was entered as evidence. In it, the girl said she could remember a shadowy figure she believed to be the boy approach her and she thought they had kissed. The next memory she had was of pulling up her pants and seeing him walk away, she told police.

The following morning, the girl woke up to a text message telling her that she and the boy had “had sex,” court heard.

She called out to her mother and the two went to the hospital, court heard. After talking with her mother, the girl decided to file a report with police, which led to charges against the boy.

Interesting. It's up to both parties to ensure that either one is in a position to consent. It's pretty sad to have to resort to the other party being drunk.

[Independent voter]

They were both drunk?

[Mister Cheese]

They were both drunk?

Yes. So it automatically means the boy in this situation raped her. No responsibility falls on the girl at all. Have to blame someone.

[Underverse]

Well, enjoy a shit life, rapist. Justice has been served.

/s

[Tennis]

Yes. So it automatically means the boy in this situation raped her. No responsibility falls on the girl at all. Have to blame someone.

Did you even read the article? wow...

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.

[breadisfunny]

Well, enjoy a shit life, rapist. Justice has been served.

/s

being drunk means you are incapable of giving consent as your mental facilities are not fully cognicent. so YES IT IS TECHNICALLY RAPE FROM BOTH PARTIES.

[Underverse]

being drunk means you are incapable of giving consent as your mental facilities are not fully cognicent. so YES IT IS TECHNICALLY RAPE FROM BOTH PARTIES.

Morality should not be abrogated on a lawful technicality.

[Kelathos]

Well, enjoy a shit life, rapist. Justice has been served.

/s

Is there no point where he is too drunk to be in control?

[Spiffums]

Yes. So it automatically means the boy in this situation raped her. No responsibility falls on the girl at all. Have to blame someone.

But if he was drunk didn't she rape him too? At what point is "too drunk" and were both parties blood alcohol levels passed that point?

[Mister Cheese]

Did you even read the article? wow...

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.

Ok go ahead and say I'm victim blaming here but why the fuck does anyone drink that much?

[Cerilis]

Did you even read the article? wow...

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.

On the other hand, even the boy himself testified, that he was not as drunk that it would affect his behaviour.

[Elba]

Is there no point where he is too drunk to be in control?

Given the physical mechanics of sex, if he could no longer do the penetrating he would be too drunk.

[Underverse]

On the other hand, even the boy himself testified, that he was not as drunk that it would affect his behaviour.

Yet she asked him to have sex with her. And indeed nowhere in the testimony is this verbal consent contested. So we have two drunk teens (one less drunk than the other, but still inebriated) and a probable supposition of verbal consent. What exactly is the expectation here? That the drunk, horny 14 year old says 'no, even though you want me to fuck you, I'm going to use my judgement and deny that request'? That's a tall order, even if he'd been drinking nothing at all.

[kneehidude]

So give him a rape charge, and then give both a drinking under the age charge.

And make it so she is not allowed to consume alcohol anymore.

There you go!

[Vizardlorde]

Ok go ahead and say I'm victim blaming here but why the fuck does anyone drink that much?

first timers >.> I went to bahamas with a bunch of 18 year olds and lets just say I was the only one that could walk on a straight line and I drank more than ever.

[Underverse]

So give him a rape charge, and then give both a drinking under the age charge.

And make it so she is not allowed to consume alcohol anymore.

There you go!

She verbally consented, according to him. That she doesn't remember giving consent (through her own actions, no less) is irrelevant.

Edit: Arguing that she was 'unable to give consent' is also a strange argument. She consented to drinking copious amounts of alcohol. She apparently gave verbal consent to sex. Where is the lack of consent here?

[kasuke06]

everyone's drunk but it's still the guy getting charged. Surprise surprise.

Yet another "god I can't believe I slept with him, oh wait, I'll just say rape and destroy his entire life to preserve my own dignity" moments.

[Elba]

Yet she asked him to have sex with her. And indeed nowhere in the testimony is this verbal consent contested. So we have two drunk teens (one less drunk than the other, but still inebriated) and a probable supposition of verbal consent. What exactly is the expectation here? That the drunk, horny 14 year old says 'no, even though you want me to fuck you, I'm going to use my judgement and deny that request'? That's a tall order, even if he'd been drinking nothing at all.

How is being horny an excuse. And fact is, mechanically the male inserts his genital into the female's. So he is the active partner, so he is the one doing the raping.

[fengosa]

But if he was drunk didn't she rape him too? At what point is "too drunk" and were both parties blood alcohol levels passed that point?

It depends on who initiates the sexual advances and who provides consent or not. If the male in this case initiates the sexual activity it's very difficult to argue that he was raped.

[endersblade]

That's extremely fucked up. I love how all the girl has to do is utter a whisper and the boy in these situations is fucking lynched. And even worse, in this situation, it's all left to a bunch of shit-headed underage mother fuckers. If nobody liked the boy, they can all tell the story how they want and get him fucked over. Because for all people scream equality, it's STILL her word against his, and SHE will always win.