SELECTED CASE LAW

ONTARIO:

2015 ONSC 5732

In 2015 ONSC 5732, Mr. A, a registered nurse, was sentenced to 14 months incarceration for his conviction of voyeurism and sexual assault. Both complainants, Ms. K and Ms. C, were under his care when the incidents occurred. Ms. K was in emergency care after her ex-boyfriend threw her out of a moving car. Mr. A had her remove all her clothes and bend over while spreading her butt cheeks, while he took pictures of her body, only one of which was pertinent to her injuries. He explained these photos as necessary for the police report she wanted to file. He was also secretly filming her for 28 seconds. Additionally, he flicked her nipples, touched her sexually, made sexual comments, and asked for her phone number in order to send her the photos. He told her not to tell anyone about their interaction because he could lose his job. After she left the hospital, he sent her text messages which prompted her to report him to the police.

When Mr. A was arrested, the police found photos on his cellphone of Ms. C, the second complainant, unconscious with her breasts fully exposed.

Also see: 2015 ONSC 3462 (pretrial charter application).

Criminal Offence(s): Sexual Assault