A Toronto man has been found guilty of sexual assault after a judge ruled the victim was too drunk to consent.
Moazzam Tariq was caught on video pouring vodka down the victim’s throat twice, slapping her on the buttocks and grinding against her on a couch at a downtown club in July 2015.
In passing judgement Justice Mara Greene said the victim lacked the capacity to consent to sex with a virtual stranger.
The woman had been out celebrating a birthday with friends when she met Tariq a little later on at a different bar. Surveillance video entered into evidence during the trial showed him pouring booze down her throat twice. She is also seen stumbling out of the club with Tariq trying to assist her down some stairs. The pair then made their way over to the Thompson Toronto where hotel security cameras show Tariq booking a room. The two are last seen on an elevator camera before getting off together on the same floor.
The woman told the court she had little memory of what happened that night, saying she only remembered him being on top of her and her saying ‘no’ on a few occasions.
“She wakes up in the morning and the first thing, when she realizes where she is, she says she feels violated, feels like someone penetrated her. She is emotional and upset and goes to the police that same day,” Crown lawyer Jill Witkin told the judge during the trial.
While the defence questioned how the victim knew she did not consent to the sexual encounter if she had no memory, the judge ruled she was too drunk to have the capacity to say yes or no.
In a handwritten letter to the court, the victim said she is “relieved that after today I can start the healing process.”
Handwritten letter from the sex assault survivor-following the guilty verdict-of the man who raped her while drunk. pic.twitter.com/u2EKgushw6
— Avery Haines (@CityAvery) October 7, 2016