Fernando Crespo and Permanent Resident of Canada

Crespo: The woman, who cannot be identified, testified she woke up with Crespo on top of her engaging in sexual intercourse, according to Brandon Sun. Crespo appealed, arguing Ontario court judge Michael Epstein was wrong to discount his assertion the woman had consented to the sex. Fernando Crespo, a permanent resident of Canada, was convicted in December 2013 of sexually assaulting a woman who had passed out on her bed after a night of heavy drinking. He also claimed the judge was wrong to disregard his claim that he honestly, if mistakenly, believed she had agreed. The Court of Appeal was having none of it."The insurmountable obstacle to this submission is the trial judge finding that was asleep when the appellant commenced intercourse, and thus lacked the capacity to consent at that time," the Appeal Court said in its decision ."Her prior conduct is therefore irrelevant to the question of whether she consented. Among other things, he argued she had tried to seduce him earlier in the evening. (www.immigrantscanada.com). As reported in the news.