TORONTO: Dr. Amitabh Chauhan and Dr. Suganthan Kayilasanathan not guilty of sexual assault
Judge rules there was reasonable doubt that the woman did not consent to sexual encounters in hotel room, no evidence that she was drugged.
Two doctors have been found not guilty of sexually assaulting and drugging a 23-year-old medical student three years ago in a downtown Toronto hotel room.
The lengthy ruling was delivered by Superior Court Justice Julie Thorburn Thursday morning before a packed courtroom.
Thorburn found that there was reasonable doubt that the woman did not consent to sexual encounters that night.
There is no evidence to support Crown assertion that the doctors planned to drug and sexually assault the woman, Thorburn said. The woman appeared to be in full command of her faculties according to hotel security video taken shortly before the alleged assault, she said.
Dr. Amitabh Chauhan and Dr. Suganthan Kayilasanathan, both 36, were charged with gang sexual assault and administering a drug with intent to stupefy in 2011. They pleaded not guilty to all charges at the start of the judge-alone trial in April and testified that the sexual contact that did occur was consensual.
Chauhan was also found not guilty on additional charges of sexual assault and drugging an ex-girlfriend in a fall 2003 incident in Kingston.
Chauhan claimed that incident never happened.
He was not in Kingston on the weekend the woman testified the alleged sexual assault happened, Thorburn found.
A friend the woman recalled being in Kingston that weekend was also out of the country at the time.
The identities of both women are covered by a publication ban.