Eleven jurors are now deliberating whether Gavin MacMillan, 44, and Enzo DeJesus Carrasco, 34, sexually assaulted and forcibly confined a 24-year-old woman over several hours at the College Street Bar in downtown Toronto three years ago. The jurors were not told that DeJesus Carrasco, the bar’s manager, is set to be tried on three more sexual assault charges involving three other women, all connected to the College Street Bar.The jurors also did not hear how the trial became increasingly tense outside their presence, culminating in one defence lawyer unsuccessfully asking the judge to recuse himself for bias against the accused.During the seven-week trial, which centred largely around more than 10 hours of security video from the bar, MacMillan and DeJesus Carrasco testified they had engaged in consensual acts of BDSM after the complainant demanded to be sexually dominated by them over the course of several hours on the night of Dec. 14, 2016. (BDSM is an acronym covering a range of sexual practices such as bondage and discipline, dominance and submission, and sadism and masochism.)The Crown argued the complainant did not consent or was incapable of consenting because the two men had given her enough cocaine and alcohol to leave her heavily intoxicated and slipping in and out of consciousness. The trial is the latest in a series of cases that expose the challenges courts face in establishing when a complainant is incapable of consenting due to intoxication. Here is what the jurors didn’t hear, and what happens next:Three other womenTo avoid unfairly prejudicing the jury against DeJesus Carrasco, they were not told he is facing two more sexual assault trials involving three more women who came forward after he was charged in connection with the current case.Two of the three women reported DeJesus Carrasco penetrated them with his fingers in a way the Crown alleges is remarkably similar to the video evidence from the current trial, which neither woman ...
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