Read the full decision from the judge who said 'clearly a drunk can consent' - Nova Scotia

She was raped bu the cab driver and I don't think there is anything wrong with getting sloppy drunk once in a while.

Sorry, where in the decision does it say that they had sex?

The evidence only establishes that she was passed out with her pants off, and that the cab driver probably took them off. The body-substance transfer test only showed her DNA on his top lip. If he had sex with her, wouldn't you expect more of her "body-substance" to have transferred? I don't know where are getting the idea that she was raped. That wasn't even necessarily what was alleged; to convict for a sexual assault, the Crown must "establish beyond a reasonable doubt, that Mr. Al-Rawi touched (complainant), that it was in such a way that it violated her sexual integrity, and that it was not done with her consent. In other words, that it was done without her consent." If the Crown was able to show that her pants were taken off without her consent, that would be sufficient. But nobody was claiming she was "raped".

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