SELECTED CASE LAW
ONTARIO:
In 2018 ONSC 3405, Ms. D was charged on 10 counts related to human trafficking, including exploiting a person with a disability. Ms. S alleged to have a disability and testified that Ms. D had forced her into prostitution. She alleged that Ms. D took her disability cheques, most of the money she was paid for her sexual services, assaulted her, controlled her cellphone, took her ID, created a Backpage ad for her, and forced her to do all of the sexual acts advertised including sex without a condom, but her testimony was inconsistent and varying on all of these details.
The court held that Ms. S did have an intellectual disability, but that she was in fact quite independent and had capable social and emotional intelligence. She had control of her money, her social media (Facebook), her cellphone, and her identification cards. She was able to, and did, move out from Ms. D’s apartment, had alternative places to live, and enjoyed the independence that the arrangement afforded her. It was found that although Ms. S had the intellectual capacity of an 8-11 year old, she still had the capacity to give her consent to work as a prostitute. Ms. D was acquitted on all counts.
Criminal Offence(s): Human Trafficking and Advertising Sexual Services