R. v. Vega Ramirez

R. v. Vega Ramirez

Court found sexual contact occurred and complainant subjectively did not consent. The accused's account was implausible and lacked sufficient support in the circumstances; moreover the accused failed to take reasonable steps to ascertain consent and was reckless or wilfully blind given tenant status, prior...

Source-derived case information.

Citation
2017 BCSC 1400
Parties
Crown/prosecution: Regina; Accused/defendant: Jorge Alim Vega Ramirez
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 June 2017
Procedural Posture
Criminal Sexual Assault / Trial Judgment Reserved and Delivered (conviction)
Outcome
Guilty of sexual assault under s.271 Criminal Code
Legal Topics
Consent, Mistaken Belief in Consent, Wilful Blindness, Recklessness, Credibility, Evidence Disclosure
Source Language
english
Criminal Law Sexual Offences Consent Mistaken Belief in Consent Wilful Blindness Recklessness Credibility Evidence Disclosure

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Parties

Regina

Crown/prosecution

Jorge Alim Vega Ramirez

Accused/defendant

Procedural Posture

Criminal Sexual Assault / Trial Judgment Reserved and Delivered (conviction)

Legal Issues

  1. 1 Whether sexual contact occurred without complainant's consent
  2. 2 Whether accused had an honest but mistaken belief in consent
  3. 3 Whether accused took reasonable steps to ascertain consent

Ratio Decidendi

Court found sexual contact occurred and complainant subjectively did not consent. The accused's account was implausible and lacked sufficient support in the circumstances; moreover the accused failed to take reasonable steps to ascertain consent and was reckless or wilfully blind given tenant status, prior instruction not to enter the room, the complainant's intoxication and initial non-response. Therefore the Crown disproved, beyond reasonable doubt, any honest but mistaken belief in consent and convicted the accused of sexual assault.

Court Disposition

Guilty of sexual assault under s.271 Criminal Code

Orders

  • Convicted of sexual assault as charged