SELECTED CASE LAW
ONTARIO:
In 2016 ONSC 1708, an offender convicted of sexual assault appealed his conviction on the grounds that the Court erred in its use of text message evidence. The offender was a part-time photographer and the victim was an amateur model. The two met on ModelMayhem.com, chatted online, and later agreed to meet in person. Mr. C brought the victim wine and made her drink it, drove to a remote location, and sexually assaulted her in his car. At trial, C was given a 9-month conditional sentence followed by 9-months probation and ordered to comply with the Sexual Offender Information Registry (“SOIR”).
On appeal, C unsuccessfully argued that he did not author the messages sent through MSN Messenger, and suggested that the messages could have been edited by the complainant. The Court dismissed his conviction appeal and his constitutional challenge to section 490.013(2.1) of the Criminal Code which mandated the lifetime order to comply with SOIR.
Criminal Offence(s): Sexual Assault
Criminal Offence(s): Sexual Assault