SELECTED CASE LAW
QUEBEC:
In 2017 QCCA 1648 Mr. B, who has been “modern friends” with the complainant Ms. S for over two years, was found guilty of sexually assaulting her.
Their sexual relationship started when she was 17 years old and had ended just prior to the incident. Ms. S was later in a relationship with another man. Mr. B and Ms. S ran into each other, went for a drink, and then went to his home where he confessed his love for her. Ms. S turned him down and he sexually assaulted her, despite her asking multiple times for him to stop. Mr. B claimed that he did not sexually assault her because she actually wanted it and could have rejected him more aggressively. Evidence of the incident was found in the text messages he sent her after in which he admitted to the assault and apologized for it.
The court grappled with their sexual history together and that she had voluntarily gone to his house at 3:00 AM after having alcoholic drinks. She was found to be a credible witness.
Mr. B’s “modern friendship” with Ms. S was considered an aggravating factor in sentencing, as it created a relationship of trust. He was sentenced to 14 months’ incarceration.
Also see: 2016 QCCA 1679 (Appeal of sentencing); 2016 QCCS 4956 (Application for appeal); 2015 QCCQ 7062 (sentencing); 2014 QCCQ 8118 (trial).
Criminal Offence(s): Sexual Assault