SELECTED CASE LAW
ALBERTA:
In 2013 ABCA 188, Ms. B, a 65-year-old woman, had been convicted of sexual assault, inviting sexual touching of a child, sexual interference, sexual exploitation, making child pornography, possessing child pornography and administering a stupefying drug with intent to assist the commission of a sexual assault.
At trial, she was sentenced to seven years in jail.
Between 1998 and 2003, Ms. B and her husband committed sexual offences against two female minors who were their neighbours’ daughters. They were charged jointly but her husband died by suicide prior to the conviction.
Ms. B did not sexually assault the girls, but participated in grooming and photographing the girls, either posing them or recording her husband committing sexual acts against them. As family friends and neighbours, she and her husband were given the opportunity to be alone in the house with the children, either individually or together. The photographing of the older girl occurred when she was 12 to 13 years old and when the younger girl was between nine and ten years old. It continued for at least five years. These photos were stored on their home computer and presented as evidence at trial. The offences only stopped when the mother of the victims smelled alcohol on the younger complainant’s breath and the relationship between the couples broke down. The court found Ms. B ’s moral culpability high. She never admitted guilt or expressed remorse.
The appeal of her convictions was dismissed, as was the appeal of her sentencing. Her application for leave to appeal at the Supreme Court of Canada was dismissed.
Also see: 2012 ABCA 238 (Appeal of conviction); 2012 ABCA 108 (Judicial interim release); [2013] 456 NR 394 (Motion for extension of time to serve application for leave to appeal); [2013] SCCA No 83 (Notice of appeal).
Criminal Offence(s): Sexual Assault ; Child Pornography ; Sexual Exploitation ; Sexual Interference ; Invitation to Sexual Touching