SELECTED CASE LAW

ONTARIO:

2016 ONSC 6861

In 2016 ONSC 6861, Mr. B was convicted of one count of sexual assault and two counts of sexual exploitation.

Between 2008 and 2014, Mr. B committed sexual offences against his step-daughter who lived under his care. Mr. B was married to the mother of his step-daughter, with whom he has two biological daughters. Mr. B controlled Ms. D’s social interactions with peers through constant calls and text messages between them and surveillance of her cellphone and computer communications with others. As a result, Ms. D was socially isolated. At 16 years of age, Mr. B sexually touched the complainant, showed her pornography, and made her touch his penis, all under the guise of sexual education. In January 2014, Ms. D confronted Mr. B about his behaviour, informed close friends, and reported Mr. B to the police.

In sentencing, the judge emphasized that trust and authority exist as a spectrum when it comes to the elements of a sexual exploitation offence, and father figures fall at the most serious end of that spectrum. Mr. B was sentenced to 2 years less one day incarceration.

Criminal Offence(s): Sexual Exploitation, Sexual Assault