Verdict in doctors’ sex-assault case is disturbing news for many women: DiManno | Toronto Star
Wednesday, October 8, 2014
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Verdict in doctors’ sex-assault case is disturbing news for many women: DiManno
The case against Amitabh Chauhan and Suganthan Kayilasanathan had an ideal complainant, but it’s still open season on women like her, writes Rosie DiManno.
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Didn’t look staggering drunk or otherwise discombobulated in security video that captured her strolling through the lobby of a downtown hotel in the early morning hours of February 13, 2011.
Couldn’t recall with certainty — at least the matter was disputed — how much alcohol she’d consumed earlier that night, after waltzing off to the C-Lounge on Wellington
Street with doctors Amitabh Chauhan and Suganthan Kayilasanathan, the former a friend and (she’d hoped) future co-author on a medical paper, the latter a longtime pal of Chauhan’s she had met just hours earlier.
Didn’t have physical evidence of sexual assault because the first hospital where the complainant went the following day had no rape kits or specialist nurses on hand to conduct a proper examination. There was, however, DNA trace evidence taken from her body and clothing at a second hospital that matched to the defendants, which they testified came from consensual sex that didn’t include intercourse.
In so many integral ways, a case with an ideal complainant, a female judge, a female
Crown — and a lead female defence …show more content…
Kayilasanathan expressed to police a good deal of anxiety about the fact that his girlfriend and father would be very upset with him.”
(The complainant’s) Outward Appearance. Leaving the C-Lounge, she did not require assistance, “unchanged” in appearance upon arrival at the hotel.
Whether (the complainant) Would Have Consented to the Incident in the Hotel Room:
The woman testified she would never have consented to sex with Chauhan because he was married and she was not sexually attracted to Kayilasanathan.
Then Thorburn itemizes her “givens”: the tenor of those aforementioned suggestive emails to Chauhan, the bar video that depicted the accuser “dancing, drinking and having fun with both Chauhan and Kayilasanathan”, and “the fact (she) did not implement any plan to stay somewhere for the night and instead returned to the hotel room with the accused at the end of the evening when there was no plan to engage in any other activity.”
Whether (the complainant) Consented to the Incident in the Hotel Room: The collective evidence — excessive alcohol consumed over a short period that could have caused her alleged “blackouts” and immobility,” absence of independent