[ 11] C.B. was 20 years old and lived with her parents. She
occupied the basement of her parents’ home. Her boyfriend, A.C.,
was 31 years old and often at C.B.’s home.
[ 12] D.P. and G.D. were recurrent visitors to C.B.’s home, especially during the month preceding the offences charged. While
there, D.P. and G.D. smoked marijuana and drank alcohol supplied by the appellants.
The D.P. incident
[ 13] On the Saturday of a Victoria Day weekend a few years
ago, D.P. went to a local fireworks show with several friends. After
the show, D.P. went back to a friend’s house with several others.
There, by her own admission, she had a lot to drink.
[ 14] Around midnight, D.P. went to the appellant C.B.’s home
where she drank more alcohol and smoked some marijuana. She
was intoxicated. She could not speak or stand properly. The appellants prevented her from going to bed.
[ 15] D.P. recalled that at some point she was lying face down on
the couch. Her tights had been pulled down. Her buttocks were
exposed. The appellant C.B. took out a long ruler, started hitting
D.P. across her buttocks with the ruler and her hand, and told her
that she was a “bad girl” who deserved these “spankings”, as the
appellant C.B. termed them. The appellant A.C. watched, then
held down D.P.’s arms as she tried to move away. The appellant
C.B. occasionally groped D.P. as the spankings continued.
[ 16] D.P. also recalled lying on the floor with her ankles and
hands bound together with purple latex tape. She was blindfolded
and gagged. The striking continued not only across her buttocks,
but also on her thighs, breasts and vagina. Both appellants participated, but the appellant C.B. more so than the appellant A.C.
[ 17] As the assaults continued, the appellant C.B. produced a
dildo and nipple clamps. The appellant C.B. poured lubricant on
D.P.’s buttocks and vagina and began to hit D.P. with the dildo in
those areas. Then, the appellants applied the nipple clamps to
D.P.’s breasts, but removed them when D.P. complained of pain.
Then, after pouring more lubricant on her, the appellants penetrated D.P.’s anus, then her vagina with the dildo, while they were
laughing, kissing and touching each other as they did so. The
appellant A.C. also penetrated D.P. digitally. To get them to stop,
D.P. faked an orgasm. The appellants complimented D.P. on being
a “perfect sex slave”.
[ 18] D.P. repeatedly told the appellants to stop what they were
doing to her. Their conduct took place over somewhere between
three to four hours. Following the assaults, D.P. slept upstairs at
the appellant C.B.’s home.