On Saturday, just one of three men accused of raping a woman in Granby in June 2020 was found guilty.
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James Suarez-Cabrera was found guilty of sexual assault. Naeem Rasouli and Nilson Lozano-Lozada were summarily acquitted.
These people, aged 35 to 42, were charged with two counts of sexual assault and complicity in the crime with another person, which occurred at the end of a drunken evening in June 2020.
James Suarez-Cabrera, seen Nov. 7 at the Granby courthouse, at the start of the trial involving two other defendants for an alleged gang rape in June 2020. MAXIME DELAND/AGENCE QMI
The jury, which at the end of the trial consisted of eight men and four women, began deliberating on Wednesday.
To provide guidance, they questioned, among others, judge Gaétan Dumas about the connection between alcohol consumption and consent.
“It is for you to decide whether the complainant had the capacity to consent and if she did, you must ask yourself whether she actually consented,” the judge said.
On Friday, jurors said they were deadlocked.
“You don’t have to feel rushed to make a judgment. “Everyone is very aware that you have heard a long piece of evidence,” Judge Dumas argued.
Several witnesses
About 10 witnesses took the stand during the trial, which lasted throughout November at the Granby Courthouse.
Nilson Lozano-Lozada was acquitted. We see him here in early November at the Granby Courthouse. PHOTO AGENCY QMI, MAXIME DELAND
Among them was the alleged victim, now 32 years old.
She reported that her condition quickly deteriorated after just a few drinks at a friend’s party.
The 30-year-old said she ended up in a vehicle before regaining consciousness at Naeem Rasouli’s house.
Naeem Rasouli was acquitted. We see him here in early November at the Granby Courthouse. PHOTO AGENCY QMI, MAXIME DELAND
It was alleged that the three defendants took advantage of the woman, whose identity is being protected by the court, on a sofa bed in the basement.
Disturbed
The victim, who said she did not know where she was at the time of the incident, believes she was drugged that evening without her knowledge as she had a good alcohol tolerance at the time.
The defense, for its part, argued that the complainant was actively involved in sexual acts and pointed out several “gray areas” in its presentation of the facts.
James Suarez-Cabrera, for his part, had a complete relationship with the young woman, who then became “disturbed”.
“He finished what he had to do and left,” she said during her testimony.
“Normally, of course, I would never have said yes. “To this day I don’t even understand what happened,” the victim said.
The hearing on the sentence imposed on Suarez-Cabrera will take place on December 8th. The Crown intends to seek a prison sentence. Furthermore, she does not rule out the possibility of an appeal against the acquittals handed down on Saturday.
My Valérie Simard-Croteau and Karyne Goulet are representing the prosecutor in this case. My Anne Tétreault, Julie Lepage and Robert Jodoin defended the defendants.