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Today in WTF: Guy Gets Off (For/On) Getting 14-Year-Old Girl Drunk, Violating Her

Posted by Brian Fairbanks

 

This is such a crazy clusterfuck of a court case, we're going to do something we almost never do: take the entire article relaying the facts of the case and present them to you, without abbreviation. You have to read every word to get the full picture...

Having sex with a drunken 14-year-old he had plied with alcohol was not a criminal offence by [a] 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.  

Hold it! Let's break it down: there was insufficient evidence she didn't consent (rather than the other way around)... he put his dick on her face when she was asleep (but apparently that's not painting a picture for the judge of a pervert here)... she didn't remember having sex but still was somehow sober enough to consent... she was not too drunk to walk to a bathroom, which apparently means she was okay to operate sexual machinery... okay, okay, he was found guilty of assaulting her with that whole penis thing, so we'll say no more for now.

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."

Because she was a drunk fourteen-year-old girl hanging out with older men and did not leave before they screwed her, there's no crime. Also, beer is not alcohol? 

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.

Nope, no punishment or even a charge for displaying this photo without permission. 

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.

Ha ha. Well, at least he couldn't exaggerate the size of his manhood, since it's in the picture. 

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.

We understand that drunkenness taints the case and the fact that the girl doesn't remember what happened really hurts the prosecution's chances of a conviction for anything, but that still doesn't mean we like the verdict.

Remember that, girls-- there's a new sheriff in town. Drink so much as a beer and get violated in every orifice (sorry for that imagery), the courts won't be there to protect you. 

Via The Calgary Sun. 


+ DIGG + DEL.ICIO.US + REDDIT

Comments

bajonista said:

DAs where I live won't even prosecute a rape case if alcohol is involved. Yeah...

So the good news here is that at least the girl got her day in court?

July 15, 2008 6:57 PM

tartlet said:

She really needs to appeal...

July 15, 2008 9:27 PM

Claire said:

wow. i don't know how it works over there, but i know in Australia, in theory at least, consent is not considered legitimate if a person is intoxicated or under duress. a person can still charge someone with rape, even if they said yes, if consent was given while they were drunk, high, or didn't feel safe enough to say no.  

plus if she's 14 isn't that statutory rape anyway? that judge needs to be seriously investigated if he thinks theres nothing wrong with supply alcohol to a minor and then having sex with her. these two things are not disconnected events.

July 16, 2008 2:38 AM

RemoWilliamsJr said:

Its funny.  If a girl has sex with a drunk guy there's never the aassumption that she raped him.

July 16, 2008 9:53 AM

NDO said:

That's not funny.  It reveals the sad ambiguity humans seem to be stuck with when it comes to sexual morality.  Double standards are sad reminders of how screwed up our culture has gotten.  This is an accusation they are dealing with, not an assumption.  

July 16, 2008 10:46 AM

K said:

Are you guys seriously suggesting that a man should have to _prove_ consent, or be branded a rapist? Do you know how difficult that would be? What ever happened to the grand old English principle of innocent until proven guilty?

Sure, this guy seems like a creep, but convicting him would set a precedent for the conviction of untold numbers of innocent men. Anyone who had consensual with a girl who had had a drink or two would be vulnerable to a charge of rape, just because the girl didn't clearly remember having consented--or didn't want to accept that she had consented. And remember, we have nothing and could have nothing more than a girl's word to prove she was blacked out. We also could have no hard evidence about how intoxicated she was, since different people react so differently to the same quantity of alcohol.

We'd then have to say that consent never counts when someone has had _anything_ to drink. In that case, I've been raped at least a dozen times...I've raped my boyfriend...he and I have mutually raped each other...and you see how ridiculous it becomes. The powerful word 'rape' loses its power and its meaning if we extend it to drunken consensual sex.

July 16, 2008 11:15 AM

Wrongo said:

In Canada the age of sexual consent was 14 until May 1, 2008.  It is now 16 so this case must have arose prior to May 1st.  The decision to appeal is up to the Prosecuting Attorney and not her choice at all.

July 16, 2008 10:15 PM

seeker_Hooksexup said:

The prosecution witness does not remember whether she consented or not.  The defendant gets the benefit of the doubt.  And that's the way you want it when you're accused of car theft.

The guy's an asshole, but guilt must be proven, not innocence.

July 17, 2008 1:47 AM

Heather said:

"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."

I read this as meaning he bragged that he had sex with her while she was passed out, though now I see that it doesn't exactly say that.  If that *were* the case, I would think that qualifies as non-consensual!  

Isn't there a law against serving minors alcohol?  He readily admits to doing that.

July 28, 2008 10:36 AM

R said:

So if an underage girl becomes intoxicated, it is perfectly fine for a man to rape her? Because she's drunk, she's asking to be raped? What a ruling judge. This society is so backwards in its treatment of women it makes me sick.  STOP BLAMING THE VICTIM AND START BLAMING THE ATTACKERS.  

August 7, 2008 12:58 PM

Oh geez. said:

No, of course it's not fine. I'm pretty sure everyone is already on board about about convicting sex offenders. They're rubbish. The problem is that too often a simple accusation is all that is necessary to convict someone. I'm absolutely certain there are innocent men out there who've been convicted of a crime they didn't commit because, at the time they thought it was consensual. Noone wants the innocent to suffer, but it seems, more often than it should, that it's more acceptable for innocent men to suffer than innocent women. Is it unreasonable to suggest that there needs to be evidence that a rape occurred beyond the testimony of the victim? For a court to be just, it needs to consider the testimony of the plaintiff and the defendant of equal weight. In a system where you're innocent until proven guilty, that means, unfortunately, sometimes offenders may walk free. But to do it any other way is unjust. You end up with the Salem witch hunts all over again.

August 7, 2008 3:27 PM

skychom said:

Are there child pornography laws in Canada? In America it's 3rd degree sexual abuse to have sex w/ a passed out girl, and depending on the state, any girl you get with must be at least 16-18. The only exceptions that I can agree with are: Girl w/ fake I.D.

               18 yr old w/ 16-17 yr old

August 7, 2008 7:26 PM

About Brian Fairbanks

Brian Fairbanks, the Senior National Political Correspondent for Hooksexup, is a filmmaker living in Brooklyn or New Orleans, depending on the season. He is a heavily-armed advocate of gun control.

in

about the blogger

Emily Farris writes about culture and food for numerous publications and websites you've probably never heard of, including her own blog eefers. Her first cookbook, Casserole Crazy: Hot Stuff for Your Oven was published in 2008. Emily recently escaped New York and now lives in a ridiculously large apartment in Kansas City, MO with her cat, but just one... so far.

Brian Fairbanks is a filmmaker living in the wilds of Brooklyn. He previously wrote for the Hartford Courant and Gawker. He won the Williamsburg Spelling Bee once. He loves cats, women with guns, and burning books.

Colleen Kane has been an editor at BUST and Playgirl magazines and has written for the endangered species of dead-tree magazines like SPIN and Plenty, as well as Radar Online and other websites. She lives in exile in Baton Rouge with her fiance, two dogs, and her former cat. Read her personal blogs at ColleenKane.com.

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