SELECTED CASE LAW
QUEBEC:
In 2013 QCCA 1778, Mr. D was charged with confinement, sexual assault causing bodily harm, theft, assault with a weapon, and assault causing bodily harm.
Mr. D and Ms. S had been in a relationship for a year, which was romantic to her but purely sexual to him. The relationship was abusive; he would beat her regularly and she would give him her money. The night of the incident, they had an altercation at a bar after he accused her of having sexual relations with other men and she had heard that he was having sexual relations with other women. When she got into his car as he was leaving, he broke her phone and demanded she get out. When she refused, he drove her to the isolated parking lot of a hardware store. He then emptied her purse out, took her money, cut up her banking cards and threw her out of the car onto the pavement. He then beat her with his fists and a plastic rod and made her eat sand. He hit her repeatedly in the stomach because he thought she was pregnant. He then raped her, called her names, and told her she should be proud to be his sexual partner. She was then forced to give him oral sex and was beaten again afterwards. He was very aggressive and laughing throughout. He grabbed her when she tried to run and burned her hair with his lighter. It was only when another car approached that she could get away and contact the police. He was found guilty on all counts.
He was sentenced to three years in jail. The appeal of his sentence was dismissed, as the evidence not permitted by the sentencing judge was irrelevant to the sentencing.
Also see: 2012 QCCA 1873 (application to extend delay), 2013 QCCA 178 (application for leave to appeal; application for release pending appeal), 2013 QCCA 266 (leave to appeal), 2013 QCCA 1778 (appeal).
Criminal Offence(s): Sexual Assault