SELECTED CASE LAW 

ONTARIO:

2008 CARSWELLONT 9798

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

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 to take the video to the police, saying 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 had been parked outside of her home where she lived with her parents.

Mr. P 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): Child Pornography Offences, Sexual Assault