SELECTED CASE LAW
MANITOBA:
In 2013 MBPC 47, Mr. C, a 32-year-old man, pleaded guilty to voyeurism, forcible confinement, sexual assault, uttering threats, breach of a no communication order and willfully obstructing lawful use of property.
He was in relationships with three of the victims (all of whom the judge characterizes as young, innocent and virgins), and the other victims were strangers. Mr. C met the first victim, Ms. JS, when she was 17 years old and they entered into a consensual sexual relationship. The relationship became volatile with Mr. C taking her phone when she tried to call for help, and twice dragging her into a bedroom and not letting her leave. He forced Ms. JS to sleep in the nude against her will. She later found nude photos of her that were taken without her consent.
In the case of the second victim, Mr. C met Ms. AH, who was a Hutterite, when she was 23 years old and he was 29 years old. He began messaging her on Facebook telling her she was pretty. They spoke online for some time, she did not want to give him her phone number, but Mr. C said he was a paramedic to gain her trust and she later gave her his phone number. They began to see each other but Ms. AH said she would not have sex until after marriage. She told him she was uncomfortable when he would kiss her on the cheek or touch her buttocks. Ms. AH was kicked out of her home due to the relationship and had nowhere to go so she moved in with Mr. C. Mr. C immediately began sexually assaulting her and made her sleep in the nude against her will. All sexual interactions were forced on AH and he physically and mentally abused Ms. AH, including monitoring her phone calls, controlling her finances, telling her she was being constantly watched, and eventually destroying her phone. He would take naked photos of her without her consent and force her to watch pornographic movies with him. Ms. AH told the court the Mr. C left the house every night around midnight to peep into other people’s homes, then would return and sexually assault her.
Prior to the end of his relationship with Ms. AH, Mr. C began a relationship with Ms. LJ. While Ms. LJ and Mr. C were away on a trip, Ms. AH was able to escape and hide from Mr. C. Ms. LJ was 19 years old when she met Mr. C who was 29 years old. They initially engaged in consensual sex but Ms. LJ decided she was not ready for a sexual relationship. Mr. C did no respect her wishes and would force himself on her. He also forced Ms. LJ to sleep nude. He requested to take nude photos of her and she refused, but she awoke one night and found him taking photos of her. She later checked his phone and found nude photos and videos of herself that she had not consented to. At one point, he took her phone away from her. She broke off the relationship and obtained a protection order, which Mr. C breached by showing up to a movie LJ was attending. In her victim impact statement, Ms. LJ said her interactions with Mr. C made her feel suicidal and she developed epilepsy during the relationship. Ms. LJ later reported Mr. C to the police.
Mr. C also pleaded guilty to two voyeurism charges involving strangers. On one occasion, Mr. C attended a tanning salon and entered a room where a woman was tanning in a bed. On another occasion, Mr. C filmed another woman through her bedroom window while she was changing.
Mr. C was sentenced to 10.5 years’ incarceration, a DNA order, a lifetime sexual offender registration, a weapon ban for 10 years and a no contact order with the victims.
Criminal Offence(s): Voyeurism, Sexual Assault