TORONTO, ONTARIO – A ruling released Thursday by the Ontario Court Appeal upheld the sexual assault and drugging convictions of the owner of the defunct College Street Bar and one of his managers. The convictions stemmed from a “prolonged, violent and degrading” attack on a woman in 2016 at the establishment. Gavin MacMillan, the owner, and his manager, Enzo De Jesus Carrasco, were found guilty in 2019 and sentenced to nine years in prison in 2020.
MacMillan was previously out on bail pending an appeal, but will now begin serving his prison sentence. He is also seeking permission to appeal the decision in front of the Supreme Court of Canada. Carrasco, on the other hand, has remained behind bars since his conviction.
In 2020, MacMillan and Carrasco sought to have their convictions appealed, arguing that the trial judge made errors in admitting certain expert evidence and in his jury charge with respect to consent. They also claimed that the judge erred in not admitting evidence regarding the complainant’s prior sexual activity and communications.
However, a three-judge panel was unanimous in striking down the appeal, with Justice Mary Lou Benotto stating, “The circumstances in this case demanded significant custodial sentences.” She added, “The offences were, in a word, horrifying. The appellants’ actions demonstrated a sense of entitlement and disrespect for the personal integrity of the complainant.”
The court decision revealed that the woman, then 24 years old, was subjected to “violent sexual activity” at the bar in Little Italy while she was highly intoxicated and losing consciousness at times. She was restrained, prevented from putting on her clothes, and given cocaine to keep her awake, before being sexually assaulted.
MacMillan and Carrasco had claimed that the sexual activity was consensual, citing the woman’s alleged interest in BDSM. However, Benotto rejected this argument, stating that a suggestion of broad advance consent to sexual activity is wrong in law.
The expert witness, Dr. Kari Sampel, was also a point of contention, with the defense claiming that she went beyond the limits of her expertise. However, Benotto defended the admission of her evidence, stating that she did not testify beyond her expertise and did not demonstrate partiality.
Overall, the ruling upholding the convictions of MacMillan and Carrasco serves as a significant decision in a case that has drawn attention to issues of sexual assault, consent, and the treatment of victims in the legal system.