TORONTO, CANADA – A ruling was released Thursday by the Ontario Court of Appeal upholding the sexual assault and drugging convictions of the owner of the defunct College Street Bar and one of his managers. The convictions stem from a “prolonged, violent and degrading” attack on a woman in 2016 in front of the establishment’s security cameras.
Gavin MacMillan, who owned the now-shuttered College Street Bar, and his manager Enzo De Jesus Carrasco were convicted in 2019 of sexual assault and administering a stupefying substance before being sentenced to nine years in prison in 2020. Carrasco has remained behind bars since then, while MacMillan has mostly been out on bail pending an appeal. MacMillan will now start serving his prison sentence, according to the Toronto Star.
The pair sought to have their convictions appealed, alleging various errors made by the trial judge, Justice Michael Dambrot. However, a three-judge panel was unanimous in striking down the appeal, stating that the circumstances in the case demanded significant custodial sentences, as the offenses were described as “horrifying” and demonstrated a sense of entitlement and disrespect for the personal integrity of the victim.
Court had heard that MacMillan and Carrasco engaged in “violent sexual activity” with a highly intoxicated woman at the bar in Little Italy, during which she appeared to be losing consciousness at times. The court decision detailed the victim being slapped, given cocaine to stay awake, and forcibly restrained while experiencing vaginal, digital, and oral penetration. The pair argued that the sex was consensual, but the court found this argument to be unfounded.
In addition, the panel upheld the trial judge’s decision to admit certain expert evidence and found that he did not demonstrate any bias in his handling of the case. The ruling brings closure to the victim, who has had to endure a lengthy legal process since the attack occurred in 2016.