‘(The victim) was unable to revoke her consent to the strangulation and sexual intercourse while being strangled as it was happening,’ said the medical director of the Calgary Sexual Assault Response Team
Choking his girlfriend unconscious during consensual intercourse has helped land a Cochrane teen a sexual assault conviction.
The now 18-year-old, who can’t be identified because he was a youth at the time, pleaded guilty to sexual assault in connection with several incidents involving his girlfriend of more than a year.
And court heard Monday the most dangerous of those was an incident in which he convinced the victim to allow him to choke her to unconsciousness while they were having intercourse.
Dr. Pauline Head, the medical director of the Calgary Sexual Assault Response Team, gave evidence about the dangers of non-fatal strangulation.
Head told Crown prosecutor Ryan Ziegler that within seconds of starting to be choked it was possible the girl would not have been able to speak before losing consciousness.
According to a statement of agreed facts filed as an exhibit, the girl reluctantly agreed to allow the offender to choke her while they had sex.
Early on in their relationship the offender “expressed his desire to (the victim) to strangle her to unconsciousness during sexual intercourse,” says the court exhibit.
“Initially (she) was reluctant. But, after some discussion, including agreeing to a safe word, the complainant said ‘okay’ to the proposed sexual activity.”
But when the activity occurred the victim “was unable to breathe or speak” before losing consciousness.
“(The victim) was unable to revoke her consent to the strangulation and sexual intercourse while being strangled as it was happening.”
Head said as the brain becomes deprived of oxygen it impacts the organ’s ability to allow a person to speak.
The doctor also said being choked unconscious can cause serious medical problems, including a stroke.
But in cross-examination by defence lawyer Alain Hepner, Head said only about 50 per cent of cases where people are choked to losing consciousness are injuries apparent.
“There’s no signs or symptoms when we examine them,” she acknowledged.
“I question whether that’s when they (medical staff) don’t know what to look for,” said Head.
She told Ziegler that choking can cause “a lot of trauma to carotid arteries which can ultimately lead to stroke in some patients.”
The agreed facts detailed three other incidents which constituted sexual assault before their relationship ended.
At Hepner’s request, Justice Jayme Williams ordered a psychological assessment under a section of the Youth Criminal Justice Act be conducted on his client.
A date for sentencing will be set in November, once it is confirmed when the report will be complete.
Ziegler also told Williams that he earlier gave notice he would be seeking an adult sentence, but was abandoning the application.