SELECTED CASE LAW
ONTARIO:
In 2010 ONCJ 600, Mr. S, a 43-year-old man, pleaded guilty to 13 counts of assault, sexual assault, invitation to sexual touching, possession of child pornography and producing child pornography.
Over many years, Mr. S filmed himself conducting multiple assaults and sexual assaults against women and girls while they slept. Complainants included his common law wife, who he physically assaulted; a 10 or 11-year-old girl to whom he showed pornography, whom he sexually touched, and with whom he attempted sexual intercourse; a 9-12 year-old girl with whom he had sexual conversations, to whom he showed pornography, and whom he tried to convince to kiss another girl child; a second 9-12 year-old girl to whom he gave drugs and alcohol, whom he sexually touched, and with whom he attempted sexual intercourse; a 9-year-old girl whom he sexually touched; a girl whose age is not noted whom he touched sexually; an 11-15 year-old girl whom he sexually touched and with whom he had sexual intercourse; a 10-14 year-old girl whom he sexually touched; and a 17-20 year-old woman who exchanged sexual contact with Mr. S for drugs, where she role played being a child and acted out rape scenarios. Mr. S sexually assaulted the 17-20-year-old woman on several occasions. The sexual abuse of these individuals was videotaped by Mr. S, and the underage girls were often sleeping or did not consent to the sexual contact. Thousands of child pornography photos and videos were found on Mr. S’s computer, including images of very young children and infants.
After reviewing the evidence, including 60 two-hour videotapes, the Court sentenced Mr. S to 12 years’ imprisonment for one particularly violent count and 3 years’ imprisonment for the other counts to be served concurrently. Mr. S was also designated a long-term offender (LTO) and received a 10 year LTO order with recommendations for parole conditions. Additional orders included a 20 year registration as a sex offender, a DNA order, a 10 year weapons prohibition, and 10 year restriction on contact with children.
Also see: [2010] OJ No 6323 (ONCJ) (Ruling re cross-examination); 2009 ONCJ 459 (Trial of an issue); 2009 ONCJ 410 (Admissible evidence); 2009 ONCJ 181 (Publication Ban).
Criminal Offence(s): Child Pornography Offences, Invitation to Sexual Touching, Sexual Assault