The accused, Mr. Verma, was charged with one count of sexual assault.
The central issue was whether the complainant, JB, consented to sexual activity, specifically focusing on her capacity to consent due to extreme intoxication.
The court assessed the credibility of the complainant, another witness (Ms. Morriseau), and the accused.
The court found that the complainant was too intoxicated to have the capacity to consent to sexual activity, rejecting the accused's version of events.
While some alleged sexual touchings were not proven beyond a reasonable doubt due to the complainant's fragmented memory, the court found beyond a reasonable doubt that the accused inserted his penis into the complainant's mouth to achieve an erection and engaged in vaginal intercourse, despite her lack of capacity to consent.
The accused was found guilty.
