SELECTED CASE LAW
In 2017 QCCQ 7880, Mr. D was charged with sexual assault and sexual assault causing bodily harm against two complainants, Ms. E and Ms. S.
On separate occasions, Mr. D laced the alcoholic drinks of both complainants with ketamine in order to have non-consensual sexual relations with them. Ms. S knew Mr. D because he had previously dated her sister. After running into each other by chance, they organized to meet and catch up. He came over to her house with alcohol, where they watched videos and listened to music. He prepared the drinks in her home, at his car, and in the bar they went to after-wards. Ms. S began to feel strange and Mr. D drove her home, asking to use her washroom when they arrived. However, once she lay down on her bed, he began undressing her and vaginally penetrates her, causing her to bleed. He held her down by the shoulders when she tried to get up. He was gone by the time she woke up in the morning. The effects of the ketamine had impaired her mentally and physically.
Ms. E met Mr. D through Ms. S, who he worked with. He contacted her over Facebook and they arranged to meet up for a drink. He picked her up and they bought a bottle of liquor. They went over to his cousin’s home and Mr. D made them drinks while they watched videos and listened to music. After less than one drink, Ms. E began to feel bizarre and texted her friend out of concern. As she was going in and out of consciousness, he started to undress her. He mounted on top of her and vaginally penetrated her. She was impaired by the ketamine she ingested. Afterwards, they left and she asked to be driven home.
He transmitted chlamydia to both of them, which constituted bodily harm. There was a third complainant who provided testimony to being drugged by the accused but did not want to press charges.
He was found guilty of both charges and sentenced to five years in jail. His application for stay of procedure given unreasonable delay was rejected, and his appeal of this decision was dismissed.
Also see: 2017 QCCA 1550 (application for release pending appeal); 2017 QCCA 1214 (leave to appeal); 2017 QCCQ 11176 (sentencing); 2017 QCCQ 7880 (trial); 2017 QCCQ 3368 (application for stay of procedure).
Criminal Offence(s): Sexual Assault