Nevertheless, the judge accepted the victim’s statement notwithstanding Hamza Mbareche’s inebriation-related memory loss.
After a five-year legal battle that was first hampered by the COVID-19 pandemic and then impeded by the jury’s inability to reach a unanimous verdict, Hamza Mbareche, a resident of Quebec City, was found guilty of the crime of sexual assault against a woman.
Whole Partnership
After spending the evening in multiple bars, the accused, his partner, and the person who had filed the complaint—a coworker of the husband—arrived at their home.
A person who has been cheated on has shown signs of intoxication and had trouble walking.
After being told to take a seat on the sofa, the woman entered the building and began to throw up quite a little.
According to what the victim, who remembers the night in pieces because she was drunk, said happened that night, Hamza Mbareche first committed digital penetration in the bathroom and then a full-on sexual assault on the sofa.
The day after the attack, the victim conducted a criminal inquiry at the medical institution, and the results showed proof of full-fledged sexual contact that took place that evening.
Consent between the Parties
The agreement or understanding that is made between two or more parties in which each person willingly and voluntarily gives their assent is referred to as mutual consent.
The central claim of Mbareche’s defense was that the victim of the attack had given consent for the sex session.
At the outset, Judge Christian Boulet declared that the complainant’s account, which included sporadic instances of ambiguity, was being examined for reliability. He also pointed out that there were several contradictions in the evidence that was put forth.
Still, the jury found several inconsistencies in Mbareche’s testimony. The court noted that he minimized the suffering that the complainant—who was vomiting a lot—was going through.
When the complainant regurgitated, the languid kiss incident occurred, and the presiding judge expressed disbelief. Furthermore, the court found it unlikely that the victim had asked for sexual contact without the use of contraceptives when the perpetrator’s husband was there in the same room.
The judge’s decision stated that the person was “unable to provide legally valid permission” for the sexual encounter because of their health.
The judge frequently reaffirmed their faith in her. The sentencing hearing for Hamza Mbareche is set for a later time in the spring.
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