SELECTED CASE LAW
In 2008 BCSC 250, two men sexually assaulted an 18-year-old woman after drugging her. Mr. S, then 19-years old, met the victim on Nexopia and chatted with her over MSN Messenger. After meeting her for drinks, Mr. S drove her to his apartment, sexually assaulted her with a friend, and filmed the encounter. Both men were convicted of sexual assault and Mr. S was also convicted of administering a stupefying drug.
In her initial police statement, the victim told an officer that she had been forcibly abducted by the two men. She did not admit that she had met S online, and the Court was troubled by this initial false statement. In a second statement, she misrepresented conversations she had with S on MSN and made assertions that she later contradicted in testimony at trial. Explaining these false statements, the victim told the Court,
I didn’t tell [the officer] the truth because I was embarrassed of how someone could gain my trust and then do that to me. So I told [the officer] that I was walking down the road and that they had kidnapped me, and that wasn’t the truth. The truth was I met them on Nexopia. And I said that because I was embarrassed of what happened to me.
She recanted the abduction claims the next day. Assessing her evidence, the Court stated,
[[t]he victim] freely communicated with a stranger who contacted her out of the blue on the internet. She flirted with him and foolishly agreed to meet, giving him her first name, address and telephone number. She knew he had mentioned bringing alcohol and drugs and she did contemplate the possibility of a sexual encounter with him. When he showed up near her residence with his friend, she voluntarily got into his car. It was my observation that [the victim’s] continued attempts to minimize her provocative and foolish behaviour stemmed from her intense embarrassment that she allowed herself to get into the situation in the first place. Her fear that she would not be believed led her down an unfortunate path of lies and inconsistent statements, which persisted at trial. She did, however, admit most of her lies and inconsistencies. She was often quick to agree with counsel’s suggestions in cross-examination without giving much thought to her answers.
Despite inconsistencies in her testimony, the Court ultimately accepted the victim’s evidence.
S also gave statements to the police and admitted a DVD of the assault as evidence (thinking it would prove that the victim had consented). After reviewing the video footage, the Court instead described the video as aggressive intercourse, stating that,
[[t]he victim’s] movements appeared un-coordinated and her body appeared to be very limp during the entire episode. She rarely spoke. It appeared that she was not conscious at times, or if she was, she was very unaware of her surroundings. The accused were directing all of her movements, pushing her and rolling her over. They did whatever they wanted to her and she did not seem to be aware of the extent of what they were doing, except when she felt some pain. Even then, she said little and it was difficult to hear her.
S’s accomplice, Mr. T, spoke to an undercover officer while in custody, stated that the drug administered was “good for pussy,” and told the officer that the victim had “wanted it.” The Court ultimately found Mr. S and Mr. T guilty of drugging and sexually assaulting the woman.
The decision as to sentence in this case has not been located.
 As the Court notes, consent is involuntary due to intoxication when the complainant “could not understand the risks and consequences associated with the sexual activity”: 2008 BCSC 250 at para 10. With respect to GHB consumption, the Court finds that there will be no consent where a complainant cannot appreciate risks or be “able to realise that she can refuse to participate, even if she is able to understand the sexual nature of the act”: 2008 BCSC 250 at para 11.
 2008 BCSC 250 at para 139.
 2008 BCSC 250 at para 57.
 Mr. S told police that, “she wasn’t saying ‘No,’ and […] she wasn’t like … like, dead, like you know … she was, like, giving head”: 2008 BCSC 250 at para 102.
Criminal Offence(s): Sexual Assault