SELECTED CASE LAW
MANITOBA:
In 2015 MBQB 96, Mr. F was convicted of sexual exploitation for sexual offences committed against a 17-year-old girl, Ms. C, who was living at his family home part-time as a caregiver to him and his wife’s children. Ms. C was having trouble at home given her parents’ divorce and found work with Mr. F and his wife who allowed her to stay there overnight, especially on weekends. Her mother had knowledge of the arrangement and expressed that Mr. F should be mindful that her daughter was mentally and emotionally vulnerable at the time.
In September 2012, Mr. F began making overt sexual approaches towards Ms. C when his wife was not home, including remarks and touching, which she did not reciprocate. On September 28, he went to her bedroom in the house and persisted in wanting to have sex with her, which she eventually relented to. They continued to have consensual sexual interactions in Mr. F’s home or truck. Ms. C’s mother found text messages between the two, giving evidence to these interactions and she notified the authorities.
Given his position of trust in their relationship, Mr. F was found to have sexually exploited Ms. C despite her consent. He was sentenced to 18 months in prison. Appeals of the conviction and sentencing were dismissed.
Also see: 2017 MBCA 43 (Appeal); 2016 MBQB 21 (Sentencing).
Criminal Offence(s): Sexual Exploitation