The accused was charged with sexual assault after allegedly anally penetrating the complainant while the complainant was asleep and highly intoxicated.
The complainant had travelled to meet a woman from an online dating app, became heavily intoxicated, and fell asleep in her bed.
The accused, a friend of the woman, entered the home and engaged in sexual acts with the complainant.
The court rejected the accused's claim of communicated consent, finding the complainant lacked capacity to consent due to intoxication and sleep, and that the accused was reckless or wilfully blind to this lack of capacity.
The accused was found guilty.
