SELECTED CASE LAW

ONTARIO:

[2008] 77 WCB (2d) 257 (ONSC)

In [2008] 77 WCB (2d) 257 (ONSC), Mr. P pleaded guilty to falsely representing himself as a police officer, extortion and sexual assault.

Ms. L was 17 at the time of the offences. According to Ms. L’s testimony, which the court accepted, she and her boyfriend were parked in a vehicle engaging in sexual activity at night when Mr. P approached their car claiming to be looking for someone who was selling him a car. Unbeknownst to them, he followed their vehicles and when Ms. L arrived at home, Mr. P told her he had a video of her and her boyfriend engaged in sexual activity and told her what they had been doing in the parking lot was illegal. He pretended to be a police officer and threatened that he would take it to the police and she would go to jail unless she complied with his demands. Ms. L was worried about her parents finding out she was engaged in sexual activity with her boyfriend and they were parked outside of her home where she lived with her parents. He claimed the video was in his car. Ms. L followed him to his car where he asked her to touch his crotch or give him oral sex in exchange for the video; she said no, but he persisted. She put her hand on his crotch and he tried to kiss her. She gave him a false name. Mr. P admitted to claiming to have a video but denied that he asked for sexual favours.

He was found guilty of falsely representing himself as a police officer and of extortion, but was acquitted of sexual assault because Mr. P did not apply force to Ms. L.

Criminal Offence(s): Extortion, Sexual Assault