SELECTED CASE LAW

NOVA SCOTIA:

2011 NSCA 77

In 2011 NSCA 77, Mr. C’s conviction of committing sexual assault, invitation to sexual touching, sexual exploitation, and sexual interference against his step-daughter, Ms. J, was overturned and the charges were conditionally stayed at the discretion of the Crown, with the option of a new trial to be ordered.

When Ms. J was 15-16 years old, Mr. C was alleged to have shown her sexually explicit material on the computer or television, masturbated to the material, and engaged in sexual behaviour with Ms. J while her mother was either asleep or away. However, the convictions were overturned because the judge committed an error in law in violating evidentiary rules.

Criminal Offence(s): Sexual Exploitation, Sexual Assault