I'm so sick of people defending rapists saying "oh that poor boy, you're ruining his life by making him pay for the horrible thing he did". This poor girl had HER LIFE ripped apart (and quite literally had her vagina ripped; do you have any idea how incredibly painful that must have been?!?!). She will forever have to try to overcome the pain and trauma this boy WILLINGLY inflicted upon her. She experienced excruciating pain that even the pain medication at the hospital did not alleviate while they WERE STITCHING HER VERY SEVERE AND DEEP VAGINAL TEARS. He never had the decency to stop and make sure she was okay. What kind of person does this? A rapist. Read the court judgement. It's pretty clear what he did to her.

• Dr. Jurenka spoke about the automatic physiological response of a woman’s body when sexually aroused. She said that the vagina naturally starts to self-lubricate and the vaginal walls elongate in anticipation of imminent sexual intercourse and that both of these physiological responses continue to occur during the entire span of the intercourse. Dr. Jurenko explained that this was Nature’s way of physiologically preparing a woman’s vagina for the imminent sexual intercourse. She explained that this only happens when a woman is ready, willing and able to have intercourse but it does not happen when a woman is not ready and not willing to have intercourse.
• She explained that without the lubrication and enlarging of the vagina, intercourse would be very uncomfortable and painful for the woman and it would also impede the successful penetration of the penis into the vagina. Both of these consequences, that is, the pain and the difficulty in penetration, were exactly what occurred when Mr. M. entered Ms. F. and that was because she was not ready and not willing to have intercourse at that time.

k) Dr. Jurenka also told the Court that when a couple are engaged in mutual consensual sexual intercourse, they will each try to change positions or stop entirely if it becomes evident that they were hurting their partner. ̵ Mr. M. did not say that he ever tried to alter his position while he was not sitting on the toilet seat with Ms. F. on top of him nor did he, at any time, stop forcing his penis into her until he finally lost his erection. ̵ She was not lubricating, he was pushing his penis hard into her and he was not able to penetrate very far, she was squirming and trying to push him off. He did nothing to accommodate her discomfort which must have been obvious to him even without her screaming out in pain. He did nothing to alleviate or end her discomfort.

[61] Ms. F. said that she tried the best she could to squirm her way out of that very painful position but he was just too big, too heavy and holding on to her so tightly that she was not able to budge.

It should be pointed out that in any event, Mr. M. did not say that he ever checked in with her again to confirm her continuing consent. There is an affirmative obligation for the man to assure himself that the woman is continuing consent during the whole sexual encounter. In this case, according to his own testimony, he just kept on trying unsuccessfully, to push his penis further into her vagina. It should be recalled that he testified that “the entire time it kind of felt really strange”, but he never bothered to ask her how it was feeling for her and if she wanted to continue? Instead, he just continued on and on and did not a word to her. He finally stopped only when he could not penetrate her any further and he lost his erection. The fact that he heard no screaming does not allow him to infer or conclude that she was not objecting to intercourse. He had an ongoing obligation to actively confirm her consent. He did not do so.

Ms. F. said that she did not consent to the intercourse and was experiencing overwhelming pain immediately upon Mr. M.’s penis entering her and continued to experience that pain non-stop thereafter. Dr. Jurenko gave her opinion confirming that the very severe and deep tearing injury to Ms. F.’s vagina would have caused her excruciating pain

They all testified that she definitely was not “okay”. She was hyper-ventilating, “out of it”, unfocused, rocking back and forth, sobbing uncontrollably and all the while, blood was streaming non-stop down her legs.

Dr. Jurenko’s opinion was shared by the Obstetrics and Gynaecology Doctors, Forsyth and Mui who were the attending physician and surgeon, respectively. Dr. Forsythe said that Ms. F.’s pain was evident from the time she entered the Hospital. Dr. Mui said that her excruciating pain continued through the surgery (stitching of the vaginal tear). He said that even the pain medication that he gave her, did not eliminate the pain.

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