Toronto man jailed for drugging friend with ‘date rape drug’: OCRCC Responds

Press release: OCRCC is writing regarding the case concerning Duilio “Nick” Franchino. Earlier this week, he was sentenced to nine months in jail after a jury found him guilty of drugging a close friend with the date rape drug GHB— but acquitted him of sexual assault.

We note in particular, Justice John McMahon’s comments related to the case:

  • Due to the jury’s verdict, Justice McMahon said there is no evidence before him that explains why Franchino brought the GHB-laced wine to the complainant’s home and gave it to her to drink.
  • While McMahon said drugging someone with a street-level drug of unknown strength leads to a serious risk of harm, he found the crime falls into the less serious category of intending to aggrieve or annoy, rather than endangering life or causing bodily harm.
  • McMahon also noted in his ruling that Franchino has no criminal record and has the support of his family, his fiancée and his fiancée’s family.

While we are aware that the decision to acquit was informed by a jury (and not solely Justice McMahon), we write nonetheless to express disappointment. We wish to highlight components of the final ruling that we see as problematic from the perspective of survivors and their allies.

Read the full press release.

Share This Story, Choose Your Platform!

  • “Safe Night Out” Bill 124, An Act to amend the Liquor Licence and Control Act, 2019 and the Occupational Health and Safety Act respecting training on sexual violence and harassment: Ontario Coalition of Rape Crisis Centres (OCRCC) responds

    About us The Ontario Coalition of Rape Crisis Centres (OCRCC) is an equity-seeking network of community-based rape crisis/sexual assault centres across Ontario, committed to leading social transformation that prevents and [...]

  • May is Sexual Violence Prevention Month

    While anyone can experience sexual violence, social and systemic issues have a role to play in the prevalence of sexual violence. Some people are more vulnerable to being targeted [...]

  • Sexual Violence in Canada: Stats Canada

    Canada releases its findings of Incident-based crime statistics in Canada every year. In the most recent year of data, incidents of sexual assault reported to police were at their [...]