Shocking case in Calgary: Judge confirms woman with severe memory loss was assaulted after leaving a nightclub. Justice served. Stay safe, Calgary. 🛡️ #Calgary #Alberta #Justice #SafetyForAll
Woman with Severe Memory Loss Subjected to Sexual Assault, Calgary Judge Concludes
In a recent ruling from the Calgary Courts Centre, Justice Ken McLeod affirmed that Yoseph Mulugeta Abreha committed sexual assault against a woman with severe memory loss. The case, which originated from an incident in August 2019, saw Abreha convicted despite previous legal challenges.
Legal Battle and Verdict
Initially, Abreha's conviction was overturned by the Alberta Court of Appeal due to procedural errors. However, Justice McLeod upheld the core accusation that Abreha forced himself upon the victim. The woman, whose memory loss remains unexplained, testified that she resisted Abreha's advances and pleaded with him to stop during the assault.
The Incident
The assault allegedly took place after the victim encountered Abreha at a now-closed Calgary nightclub. Her recollection of events was sparse, with significant memory gaps between her time at the nightclub and the assault itself. McLeod underscored the woman's physical resistance and her explicit verbal objections as pivotal points in the case.
Legal Analysis
During the retrial, Abreha claimed the encounter was consensual, citing mutual touching and kissing. However, McLeod sided with the prosecution's argument, highlighting inconsistencies in Abreha's testimony and affirming that the woman did not consent to the sexual activity.
Medical and Forensic Evidence
McLeod noted inconclusive evidence regarding the presence of GHB, a date rape drug, in the woman's system. Despite inconclusive tests, the judge emphasized that the possibility of drug involvement remained, although not confirmed by medical findings.
Sentencing and Future Proceedings
The court will proceed with sentencing deliberations scheduled for August 23, with Abreha currently in custody pending further legal developments.
Conclusion
This case underscores ongoing legal complexities surrounding sexual assault cases, particularly those involving memory impairment. Justice McLeod's decision reaffirms the importance of respecting consent and addressing legal challenges in such sensitive matters.
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