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Complainant in police sex assault trial 'unable to testify' she didnt consent, lawyer argues

A woman’s spotty memory during the time she said she was sexually assaulted by three Toronto police officers in a hotel room should leave a judge with reasonable doubt about whether or not she consented, a defence lawyer argued in closing submissions Monday.The officers, Joshua Cabero, Leslie Nyznik, and Sameer Kara, have all pleaded not guilty to sexual assault and argue only consensual sexual activity took place.The complainant, a parking enforcement officer, has testified she was orally and vaginally penetrated by the officers as she lay on a bed in the hotel room unable to move. “I was powerless. I couldn’t move. I couldn’t talk. I couldn’t stop what was happening,” she said.At one point she recalled hearing Kara say, “stop Josh, she’s out.”The Crown is arguing the complainant did not consent to sexual activity and that she could not have consented because she was too intoxicated. The complainant testified she had at least seven drinks that night, but believes she may also have been drugged.Article Continued BelowLawyer Alan Gold, who represents Kara, said the complainant simply cannot remember much of what happened that night and so “she cannot give direct evidence as to whether she consented to the sexual contact or whether or not she had the capacity to do so.”Gold suggested the circumstantial evidence shows Kara was “always a gentleman” to the complainant and “asked permission for everything.”Kara’s actions, including a consensual kiss at one bar and texting her the next day asking if she got home safe, show “an appropriate concern and respect for her” and that “there is nothing to suggest Mr. Kara would do anything without her consent,” he argued.

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