SELECTED CASE LAW

ONTARIO:

2014 ONSC 2293

In 2014 ONSC 2293, a 46-year-old man was charged with assaulting and sexually assaulting his female employee. While at work, Mr. P told the victim that he wanted to kiss her, and pulled her toward the back of the store by her arm (forming the basis for the assault charge). Later, P delivered flowers to her, and wrote a pornographic story featuring sexual fantasies he harboured about her. On one occasion, P locked her in a back room with him and drunkenly tried to put his hand down her pants. P was convicted on both counts at trial and sentenced to 4-months imprisonment, followed by probation and ancillary orders.

On appeal, P sought to introduce fresh evidence from a related civil proceeding and challenge his convictions. Ultimately, P’s conviction was quashed and a new trial ordered.[1]


[1] The Ontario Superior Court decision references facts which are not relevant to the trial, including, in passing, the fact JS had three children with two different fathers: 2014 ONSC 2293 at para 6.

 

Criminal Offence(s): Sexual Assault