Canada: having sex with a drunk teen - legal; teabagging - illegal

http://calsun.canoe.ca/News/Alberta/2008/07/15/6159941-sun.html

Drunk teen sex ruled no crime
Judge says evidence insufficient to prove girl involved didn't consent
By KEVIN MARTIN, SUN MEDIA

Having sex with a drunken 14-year-old he had plied with alcohol was not a criminal offence by former Calgary man, a judge ruled yesterday.

Justice Peter McIntyre said there was insufficient evidence the girl didn't consent to having sex with Trevor Byron Niebergall.

But McIntyre did find Niebergall guilty of sexual assault for placing his genitals on the girl's face after she passed out -- an act the offender captured on his cellphone camera and showed to co-workers.

McIntyre said the fact the teenage complainant didn't remember her sexual encounter with Niebergall at a December 2005 New Year's Eve party did not mean she hadn't consented.

He noted one witness said she appeared to have the capacity to consent when she and Niebergall went to a washroom in his brother's apartment, where they had sex. And the Queen's Bench judge said the girl willingly consumed large amounts of alcohol supplied by Niebergall even after he made lewd sexual comments.

She said on three occasions the accused said he would drink with her if she performed a sexual act on him.

"The accused's lewd comments towards her did not compel her to leave," the judge said. "The complainant was not forced to consume alcohol -- she drank ... beer willingly and then switched to alcohol. It is not at all clear why she drank so heavily."

Niebergall, then 19, showed photographs of the teen, naked and passed out, to co-workers the following day, bragging he had had sex with her six times.

But in his testimony he said they only had sex twice, one in the bathroom and later when other partygoers had left and both times with her consent.

McIntyre said because the girl drank so heavily and had little recollection of events at the party, he could not accept her claim she didn't agree to have sex.

"Her evidence was not reliable after she started drinking," he said.

Crown prosecutor Susan Kennedy said a 45- to 60-day jail term is warranted for the incident which occurred after the teen passed out.

Defence lawyer Pat Flynn has requested a pre-sentence report before making his full submissions. The case returns to court on Oct. 14.

 

Only in Alberta. Also, teabagging is illegal? Well, shit.

 

The judges reasoning makes sense. If there's no proof you can't convict him. But let this be a lesson to everyone, next time you teabag a 14-year-old girl, don't snap a pic on the cell phone camera.

 

If you're gonna take pictures, I'd suggest doing the Arabian Goggles instead of the Teabag.

Way cooler for posterity's sake.

 

Teabagging someone who is passed out, I believe is the offense. If you get consent, teabag away!

 

Adults are allowed to have sex with 14-year-olds in Canada?

 

Are we sure they aren't talking about Calgary, Wisconsin?

 

14 used to be the age of consent in Canada.

Tories raised it to 16 back in May but it wouldn't apply in this case.

However,there's this "close in age" exception where 14 & 15 year olds can have sex with someone's who's less than five years older.

 

Don't tell Poindexter.