One of two men accused of sexually assaulting a 24-year-old woman at the College Street Bar knew she was getting increasingly intoxicated and that she passed out in a chair at the bar around 11:30 p.m., a Crown prosecutor suggested Wednesday.

Prosecutor Rick Nathanson said the texts Enzo DeJesus Carrasco sent on the night of Dec. 14, 2016 about the complainant being “too f—k” and “out of control” referred to her being drunk and were not about lewd and loud behaviour, as DeJesus Carrasco testified.

DeJesus Carrasco denied this and said the complainant never appeared drunk that night. He said she told him she’d taken some pills which “sometimes screwed up her head” which was why she was swaying around 11:30 p.m. He said he didn’t know anything more about the pills.

He maintained that the complainant never passed out, pointing out moments on the security video where she moves her head, arm and foot slightly while she is slumped over in a chair.

DeJesus Carrasco testified that when he texted a cocaine dealer that he “had a girl pass out” he didn’t mean it, he just wanted him to hurry up.

The dealer had seen the two out on the street kissing outside a pub across the street earlier that night, DeJesus Carrasco said.

Why would he believe she was passed out if 17 minutes before he’d seen that she was fine, Nathanson asked.

DeJesus Carrasco repeated that he only sent that text so the drug dealer would get there faster.

DeJesus Carrasco, 34, and Gavin MacMillan, 44, have both pleaded not guilty to charges of gang sexual assault, forcible confinement and drugging with intent to overpower. DeJesus Carrasco has pleaded not guilty to two additional charges of sexual assault.

All the charges are linked to one complainant, who has testified that she can only recall bits and pieces about what happened over the night of Dec. 14 and 15, 2016.

She said she remembers being raped simultaneously and being forced to perform oral sex at the bar, and being raped by DeJesus Carrasco at his apartment on the morning of Dec. 15, 2016.

MacMillan was the owner of the College Street Bar at the time and DeJesus Carrasco was the manager.

A jury will have to decide if the complainant consented to the sexual activity, which spanned several hours and is mostly documented by the bar’s security cameras, and if she had the capacity to consent.

The Crown alleges the complainant was unconscious or in and out of consciousness during some of the sexual activity.

Both men have testified all the sexual activity that took place that night was consensual and that the complainant was actively participating, able to speak clearly and could have left at any time.

During cross-examination Wednesday, Nathanson suggested the video shows the complainant had consumed seven drinks by about 10 p.m. —two cocktails and five shots of Jameson. The three last shots were taken in 11 minutes.

DeJesus Carrasco said she asked for the shots and that, at her request, they were smaller than usual, about 0.75 oz. each. He said she did not appear intoxicated afterwards. He also said she did not consume all of the two cocktails, which the Crown disputes.

DeJesus Carrasco testified he always got permission before repeatedly inserting his hand into the complainant’s pants when they were at the bar at around 10:30 p.m. He said she was not drunk at the time and that the video show them kissing and embracing.

Nathanson suggested the video shows her repeatedly stepping away or pushing his hand away from her, at one point wagging her finger in his face. She also appears to be walking unsteadily and appears intoxicated in the video, Nathanson suggested.

In one clip played for the jury, the complainant appears to push DeJesus Carrasco away after he digitally penetrates her for several seconds.

Loading... Loading... Loading... Loading... Loading... Loading...

“She’s telling you to stop isn’t she?” Nathanson said.

“No,” DeJesus Carrasco responded through a Spanish translator. “I don’t know what she said right there but the fact that she stayed all night means no.”

There is no audio on the security videos.

Nathanson also played a clip from the early hours of the morning which he said shows the complainant attempting to push DeJesus Carrasco’s hand away from penetrating her. DeJesus Carrasco uses his other hand to pry her knees apart and asks MacMillan to come over and restrain her hands which he does, Nathanson suggested.

DeJesus Carrasco said the interaction was part of a consensual BDSM dynamic and that she appeared to be smiling afterwards.

“There was no BDSM role-play. This was just overpowering force,” Nathanson said.

“It wasn’t like that,” DeJesus Carrasco responded.

DeJesus Carrasco testified he established a safe word with the complainant that would halt the BDSM sexual activity that night —saying “stop” or raising her hands.

Nathanson showed DeJesus Carrasco several video clips where he suggested the complainant could not have said “stop” or raised her hands if she had wanted to because of the sexual acts and how she was being held by the two men.

DeJesus Carrasco disagreed with Nathanson’s characterization of the video clips and said the complainant was capable of stopping the sexual activity if she wanted to.

Nathanson suggested “stop” is one of the worst safe words to choose for a BDSM dynamic and that, in fact, no such conversation about safe words took place. DeJesus Carrasco disagreed.

The trial continues.