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Former Halifax taxi driver found guilty of sexual assault
Al-Rawi was previously acquitted of assaulting another intoxicated female passenger in 2015 after two trials. One of those trials drew national controversy over the judge’s comment that ‘clearly, a drunk can consent.’Bassam Al-Rawi arrives at Nova Scotia Supreme Court with his wife and lawyer on Aug. 28, 2020. (Andrew Vaughan/The Canadian Press)A former Halifax taxi…
Al-Rawi was previously acquitted of assaulting another intoxicated female passenger in 2015 after two trials. One of those trials drew national controversy over the judge's comment that ‘clearly, a drunk can consent.'
A former Halifax taxi driver accused of raping a female passenger eight years ago has been found guilty.
Bassam Al-Rawi was charged with sexually assaulting the woman in his Bedford apartment in the early hours of Dec. 15, 2012. He was at court on Friday with his wife, having travelled to Halifax for the trial from Germany where the couple now lives.
Justice Gerald Moir delivered his decision in Nova Scotia Supreme Court Friday afternoon.
The complainant, whose name is protected by a publication ban, testified earlier in the trial that she drove to Halifax from Pictou County with a group of friends on Dec. 14, 2012.
She testified a taxi driver picked her up while she was lost downtown and later assaulted her while she was highly intoxicated and pretending to be unconscious.
Judge says complainant's memories are reliable
Crown attorney Carla Ball and Ian Hutchison, Al-Rawi's defence lawyer, each laid out their closing arguments on Wednesday.
Ball said the complainant's testimony was reliable and unwavering on the main point that she did not want to have sex with Al-Rawi. Two people also recognized Al-Rawi in a video with the woman.
The defence said the woman's memory had convenient gaps, and questioned why she just didn't leave the apartment or bedroom if she didn't want to have sex.
In his verdict, Moir said he's convinced Al-Rawi was the taxi driver who picked up the complainant that night.
Moir said the complainant's blurry recollections matched what toxicologists tell us to expect from the memories of a drunk experience.
Moir said there were no glaring contradictions in what the complainant said. In the days after the assault, Moir noted the complainant preserved her memories in a spreadsheet to give to police. Also, in following years, the complainant did not try to fill in gaps or make excuses for behaviour.
Al-Rawi and ‘drunk can consent' trial controversy
This is the second sex assault charge to bring Al-Rawi before a Halifax court.
He faced previous charges related to allegations he sexually assaulted another female passenger who was found unconscious by a police officer in his cab in 2015.
That case garnered significant attention after the original trial judge made the comment, “clearly, a drunk can consent,” and acquitted Al-Rawi. The Nova Scotia Court of Appeal ordered a new trial, saying the first judge made errors in law, including ignoring circumstantial evidence. Al-Rawi was acquitted again last September.
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