Woman found partially naked
In May 2015, a police officer found a 26-year-old woman in the back of Al-Rawi's car. She was naked from the chest down, Al-Rawi had her urine-soaked underwear in his hands and test results later found her DNA on his upper lip.
The police officer said Al-Rawi's pants were halfway down his buttocks and his zipper was undone when he left the vehicle. Al-Rawi later told police that he doesn't button his pants when he drives long hours, according to a 2015 search warrant application.
The woman testified she recalls little from that night. She had been drinking at a downtown bar and doesn't remember getting into a cab.
The judge noted that intoxication tends to reduce inhibition and increase risk-taking behaviour.
"This often leads to people agreeing and to sometimes initiate sexual encounters only to regret them later when they are sober," Lenehan said. "In testimony, [the woman] could not provide any information, any details on whether she agreed to be naked in the taxi or initiated any sexual activity.
"The Crown failed to produce any evidence of lack of consent at any time."