Warning: Graphic and disturbing details follow.
Eight surveillance cameras in a College St. bar captured two men repeatedly sexually assaulting an extremely intoxicated woman between 10 p.m. and 6 a.m., a Crown prosecutor told a jury Monday morning.
The surveillance videos, most of which will be played to the jury, will be “difficult to watch” but are necessary to show so the jury can assess the woman’s level of intoxication and decide “whether (she) consented, and had the mental capacity to consent, to all of the sexual acts that took place,” prosecutor Rick Nathanson said. The videos don’t have audio.
Consent is the central issue of the case.
The two men, Gavin MacMillan, 44, and Enzo DeJesus Carrasco, 34, have pleaded not guilty to charges of gang sexual assault, drugging to overpower or stupefy and forcible confinement. MacMillan was the owner of the bar and DeJesus Carassco was the manager, according to an agreed statement of facts read to the jury.
The complainant’s identity is covered by a publication ban. She has little memory of much of what happened that night, Nathanson said, but has said she did not consent to any sexual activity with either man.
In an opening address to the jury outlining the evidence the jury is expected to hear, Nathanson said the woman, a freelance photographer, went to the College Street Bar on the evening of Dec. 14, 2016 to meet up with a friend who was doing a bartending course there. The woman was visiting from out of town and staying with another friend.
The allegations described by Nathanson in his opening address have not been proven in court.
The woman met DeJesus Carrasco first when she went to the bar around 7:30 p.m. and had a few drinks with the bartending class group, Nathanson said.
The woman’s friend left around 10 p.m. The woman made plans to meet up with another friend and remained at the bar. The bar was closed to the public for the bartending event and she, MacMillan and DeJesus Carrasco were the only ones at the bar at the time, Nathanson said.
After her friend left the two men gave the woman three drinks over the next 12 minutes, Nathanson said.
MacMillan then left the bar for about 45 minutes.
Nathanson said the video shows the woman becoming increasingly and visibly drunk and DeJesus Carrasco becoming “handsy.” Nathanson said DeJesus Carrasco began forcefully sticking his hand into the woman’s pants. She appeared more and more drunk and each time she pulled his hand out of her pants or backed away, Nathanson said. By 11 p.m., she was leaning her head on the bar. DeJesus Carrasco physically pulled her up and walked her out of the bar, Nathanson said, and at one point, he texted MacMillan: “this b—- is out of control.” MacMillan texted back and told him to “fire her” and come join him elsewhere, Nathanson said.
Later back in the bar, the woman appears to pass out on a chair for 10 minutes, Nathanson said. DeJesus Carrasco texted MacMillan: “she’s dead dead dead, im dealing with it.” He texted another person: “I have a girl pass out.”
Another man is seen arriving at the bar and DeJesus Carrasco pulled the woman over to the bar, held her by her chin or throat, slapped her 10 times on the face, and positioned her head over what appears to be cocaine, Nathanson said.
The woman then stumbled out of the bar, crashing into chairs and tables, and then stumbled back in soon after, the Crown said. MacMillan then returns to the bar, and appears to take some cocaine along with DeJesus Carrasco, Nathanson said. They appear to give the woman cocaine twice more — bringing the total times she is administered cocaine at this point to two or three, depending on whether she inhaled any the first time, Nathanson said.
A few minutes later the woman “crumpled” to the floor, Nathanson said. She appeared to shake her head to say no as MacMillan speaks to her but their conversation cannot be heard. She was then held by MacMillan while DeJesus Carrasco forcibly penetrated her with his hand as her arms flailed, Nathanson said.
Nathanson said this took place about half an hour after she appeared passed out in the chair for 10 minutes and 15 minutes after she was made to take cocaine.
Over the next hour she was repeatedly sexually assaulted by the two men, appearing to be “physically overpowered,” Nathanson said. At some points she appeared to unable to stand up and appears to be unconscious or near unconscious, he said.
Then she was directed by MacMillan to the women’s washroom, the inside of which was not covered by a surveillance camera. She remained in there for an hour, during which time the men entered the washroom a few times, Nathanson said.
She was led out of the washroom by MacMillan and is again seen on the video being sexually assaulted by both men for “very lengthy periods of time,” Nathanson said. At some points she appeared to be overpowered by the men, at other times she appears to smile or kiss them, Nathanson said. For much of the time, MacMillan keeps a firm grip on her hair, Nathanson said.
Before 6 a.m. the woman found her clothing from where it was tossed around the bar and got dressed. She left with DeJesus Carrasco in a taxi around 6 a.m. She believed he was taking to her friend’s place where she was staying but he took her to his own apartment where he again sexually assaulted her, Nathanson said.
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She left the apartment, made her way to the subway and went to her friend’s place. She went to the hospital later that day where she was examined by a sexual assault nurse, who found extensive bruising and injuries, Nathanson said. Alcohol and cocaine were found in her blood, Nathanson said.
She gave a statement to police in the early hours of Dec. 16, 2016 and the two men were arrested later that day.
The trial continues.