Consuming alcohol and the clothing one wears do not constitute implied consent to sexual activity, the Crown stressed at the end of a trial over an alleged gang rape that occurred in Granby in June 2020.
• Also read: Alleged gang rape in Granby: The victim bravely describes her horror night
“It is the story of a completely drunk young woman who should have counted on the support of the friends whose tool she ultimately became,” concluded Crown prosecutor Valérie Simard-Croteau at the Palais de Justice in Granby.
James Suarez-Cabrera, Naeem Rasouli and Nilson Lozano-Lozada have been on trial for three weeks before a jury of ten men and four women.
These people, aged 35 to 42, are accused of committing a sexual assault involving another person on a drunken evening in June 2020.
James Suarez-Cabrera, seen Nov. 7 at the Granby Courthouse, at the start of the trial of two other defendants for an alleged gang rape in June 2020. MAXIME DELAND/AGENCE QMI
In the final hearing on Monday, the prosecution largely emphasized the victim’s vulnerability at the time of the crime.
“With all his symptoms piling up, how could the co-defendants ignore the deplorable condition he was in? [la plaignante]?» Simard-Croteau stood up and added that the young woman had been ill during the evening.
The prosecutor also rejected the idea put forward by one of the defendants that she was the instigator of the connections and displayed almost “predatory” behavior.
“Gray areas”
The defense, for its part, mentioned “gray areas” in the statement of the complainant, who, after the alleged attacks, consulted other people present that evening to recall the events.
“How then can we distinguish their memory from reading, from a perception of the same fact but experienced, seen, or presented by another person? […]?» Anne Tétreault raised me.
Nilson Lozano-Lozada, seen November 7 at the Granby Courthouse, at the start of the trial of two other defendants for an alleged gang rape in June 2020. PHOTO AGENCY QMI, MAXIME DELAND
The defense also suggested to the jury that the woman “actively participated and….” [pris] “pleasure” for sexual contact while denying the actual extent of his intoxication.
“[Elle] is simply unable to remember crucial events, emphasized Me Julie Lepage. A guilty verdict cannot be based on speculation.”
Alternately
The now 32-year-old woman said at the start of the trial that her condition had deteriorated rapidly after just a few drinks after taking part in a drinking game.
The 30-year-old later found herself in a vehicle before regaining consciousness at Naeem Rasouli’s house.
The three defendants are all said to have exploited the woman, whose identity is being protected by the court, on a sofa bed in the basement.
At various times, Nilson Lozano-Lozada is said to have touched and penetrated her. James Suarez-Cabrera would have been the second person to attack the young woman.
Rasouli faked previous encounters and also began touching the private parts of the victim, who rejected his advances.
The case returns to court this Wednesday in Granby.
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