The woman, whose blood alcohol level was found to be three times the legal limit, had hailed the cab just 11 minutes earlier. The case was closed as unfounded — meaning no crime occurred or was attempted. 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. 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. Further complicating matters is the fact that a severely intoxicated complainant may not remember significant portions of the incident. Tariq just 15 minutes before they walked — her staggering and him propping her up — out of the bar to the nearby Thompson Hotel. He told investigators what happened was consensual. The timing of a blood alcohol test is crucial, according to two toxicologists who reviewed the case for the Globe. More from this series Unfounded:
Ryder, which went to the Supreme Court of British Columbia in Tariq was guilty of sexual assault on the basis that K. Taylor learned this information in an interview with the investigating officer, a copy of which was obtained by The Globe. He told investigators what happened was consensual. The Crown argued that Const. 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. The case involved a year-old complainant, E. Shortly after Taylor was told her case was being was closed, K. The then year-old remembers leaving to use the washroom. Carl Douglas Snelgrove, who is married, took advantage of the intoxicated woman. The reasons vary, they say. The video was a crucial piece of evidence for the Crown, as it provided black-and-white proof of the state K. This presents a Catch for victims. Sometimes police want to spare the victim from a gruelling trial process. You have to look at the whole incident. 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. The case was closed as unfounded — meaning no crime occurred or was attempted. Detective Anthony Williams, who investigated K. In the absence of this kind of concrete evidence, many sexual assault cases collapse. A passerby later found E. Police told her that the suspects provided a video of her giving consent, but could not produce it when she asked. Her last clear memory was bumping into the man on the dance floor before heading outside. Sexual assault cases almost never hinge on whether a sex act occurred. People that are outright staggering, slurring their words, tuning out, lack of focus, tired, hard to wake up etc. Police interview transcripts reveal some officers are unclear about even the most basic issues. In the elevator up to Mr.
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