The G.D. incident
[ 19] The next Wednesday, D.P. and G.D. met at school. They
went with others over to a friend’s house. G.D. was drinking
alcohol. Then, they went with a friend to the appellant C.B.’s
house for tacos. Marijuana and alcohol were made available. D.P.
and G.D. took advantage of them.
[ 20] As time passed, what had happened on the previous Saturday began to unfold again. But this time with G.D. The appellant
C.B. grabbed G.D.’s legs. The appellant A.C. retrieved the purple
tape. They held G.D.’s arms and legs despite her protests. They told
her to “just go with it”. They said that she would be let go after 50
spankings. The appellant C.B. claimed that the spankings were
a punishment for G.D.’s late school attendance. Afraid that the
appellants might use whips on her, G.D. agreed to the spankings.
[ 21] G.D. recalled that the appellants let go of her arms and
flipped her over. As the appellant A.C. held G.D.’s arms, the
appellant C.B. hit her buttocks 50 times with her hands and a
wooden stick. The entire incident lasted about five minutes.
[ 22] After the “spankings” had concluded, D.P. and G.D. went
into the bathroom together. There, D.P. apologized for not intervening. She also told G.D. about what had happened to her on the
previous Saturday. They agreed to leave, but remained at G.D.’s
residence as the alcohol “took over”. G.D. continued to drink. She
blacked out. Her next memory was waking up the following
morning in her own bed.
The rescue of G.D.
[ 23] G.D.’s parents learned from D.P.’s parents that G.D. was at
the appellant C.B.’s house. Since their daughter had not returned
home, G.D.’s parents drove over to the appellant C.B.’s home to
retrieve G.D. After repeated knocks, the appellant A.C. answered
the door. He said that G.D. had passed out downstairs. G.D.’s
father went downstairs, a place that smelled of marijuana. He
slapped G.D. to awaken her. Then, with some help, he carried her
upstairs. As he did so, G.D.’s skirt flipped up revealing that her
buttocks were red.
[ 24] G.D.’s mother confirmed her husband’s account of finding
G.D. unresponsive in the basement of the appellant C.B.’s home
and of their attempt to rouse her. She and her husband questioned the appellant A.C. about whether G.D. had been drinking
there. The appellant A.C. said that neither he nor the appellant
C.B. supplied drugs or alcohol to the neighbourhood kids who
hung out there. When awakened the following morning, G.D. was
“very distraught” and “tearful”.