they also said dambrot made various errors in principle in respect to the sentences imposed.
the three-judge panel was unanimous in striking down the appeal.
“the circumstances in this case demanded significant custodial sentences,” justice mary lou benotto said on behalf of the panel in their conclusion. “the offences were, in a word, horrifying. the appellants’ actions demonstrated a sense of entitlement and disrespect for the personal integrity of the complainant.”
court has heard that macmillan and carrasco engaged in “violent sexual activity” with a woman at the bar in little italy during the early morning hours of dec. 15, 2016, while she was “highly intoxicated” and appeared to be losing consciousness at times.
the court decision said the woman, who cannot be named and was 24 at the time, was slapped and given cocaine to keep her awake before being vaginally, digitally and orally penetrated. she was also forcibly restrained and prevented from putting on her clothes at times, while seeming to float in and out of consciousness.
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macmillan and carrasco had argued the sex was consensual, saying she “made sexual comments and gestures during the bartending event that indicated an interest in bdsm.”