Defence says ‘drunken consent is still consent’ in final arguments at police sex assault trial – Toronto

The complainant in the sexual assault trial of three Toronto Police officers “had a buzz” the night of the allegations but maintained the capacity to consent, the lawyer for one of the officers argued Monday in his closing summation.

“Drunken consent is still consent,” Alan Gold, who’s representing officer Sameer Kara, told the court on Monday.

Kara, along with officers Leslie Nyznik and Joshua Cabero, is charged with sexually assaulting a female parking enforcement officer at the Westin Harbour Castle hotel in January 2015.

According to the charges, the woman attended a police staff party at several downtown parts the night of the allegations, where she consumed seven or eight alcoholic drinks.

Although it is not part of the indictment, the woman also testified during the judge-only trial that she believes she was drugged that night, but cannot say for certain when or by whom.

Nyznik, the only officer who will testify, told the court last week that the complainant and three officers had consensual sex on the night in question.

Complainant’s ‘reliability’

On Monday the defence once again relied on video footage from the downtown hotel to attempt to show the complainant was capable of consenting.

“She was drunk. She had a buzz,” Gold said of her level of intoxication.

In the footage, with the exception of a slight stumble exiting the taxi (the defence argued this was due to her high-heeled boots on a cobblestone driveway), the woman appears to speaking with two of the officers as she walks without difficulty into the hotel lobby towards an elevator bank.

New video in police sexual assault trial3:58

Kara’s lawyer spent much of his closing statement attempting to attack the woman’s credibility, telling the court there are “very serious reliability issues.”

Gold argued that the complainant had several new details in her testimony, compared with earlier police statements. He…

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