Garth's Case — Sexual Assault — Police Report

Client:  Garth P., Accused
Complainant:  Cherry Q., his date
Charge:  sexual assault

Police Report:  The victim in this matter is 27 years old and resides by herself at 200 Various Street #1288 in the City of Toronto.

The victim and the accused met each other through mutual friends and have known each other for about two years. The victim and the accused were friends and would see each other 2 to 3 times a year. They did not have a romantic relationship.

On Friday October 12th, 2007, the accused and the victim were to attend a party with several other friends. The victim decided that she did not want to go out for the evening and contacted the accused.

It was agreed that the accused would come by the victim's address for a "quick" drink.

At around 9:00 p.m., the accused attended the victim's address located at 200 Various Street #1288 in the City of Toronto.

The victim gave the accused a bottle of beer and she poured herself a drink of bourbon. The two sat at the victim's dining room table and talked about politics. A few minutes later the victim's phone rang and she left the table to answer the phone.

The victim received a call from her brother and arrangements were made for the accused and the victim to meet her brother and his friend in the bar in the main lobby. The accused finished his beer and the victim finished her glass of bourbon.

The victim and the accused left her apartment and attended the lobby to meet her brother. As soon as the victim exited the elevator she felt an extreme sense of intoxication.

All parties went into the martini Bar and sat at the bar. Everyone ordered a drink.

A short time later the victim was not feeling well and went to the washroom. The victim then exited the washroom and walked past the accused, her brother, and his friend, and went to the elevators without saying anything.

The accused and the victim's brother and friend finished their drinks and the accused stated that he had to go up to the victim's apartment and retrieve his wallet.

The victim then woke up in her bed and was naked from the waist down and the accused was having vaginal sex with her. She then remembers the accused stating "what a waste of a condom that was" and she blacked out. The victim then woke up in the morning. The accused was gone and her apartment door unlocked.

On Wednesday October 17th, 2007, the victim attended 55 Division to report the incident.

On Thursday October 18th, 2007, the accused attended 55 Division was arrested for Sexual Assault, advised of his rights to counsel and legal aid.

The accused was charged accordingly and released on a Promise to Appear and Undertaking.

The victim attended Women's College Hospital and was treated and released.

Injuries:  The victim received bruising to her shoulder, inner thighs, and calf.

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