SELECTED CASE LAW
ONTARIO:
In 2016 ONSC 2511, Mr. F was charged with sexual interference, sexual exploitation and sexual assault, however, two of the charges were stayed and only the sexual assault charge was heard at trial.
The girl Mr. F assaulted was about 14 or 15 years old at the time of the assault. Mr. F was a good friend of the girl’s father and had been involved in many of their family activities when she was growing up. The girl viewed Mr. F as something close to an uncle and he was the girl’s godfather.The girl spoke with Mr. F about self-esteem issues she was having and Mr. F made comments about her body and lifted her shirt and commented on her chest while touching the outside of his pants. She often called Mr. F on the phone about concerns she had about her father and her sister’s drinking. Mr. F was working as a social worker at this time. One evening, Mr. F picked the girl up and the two drank and smoked marijuana together until the girl blacked out. Mr. F showed her pictures of a girl online before engaging in sexual activity with her. Several years later he suggested they engage in activity again, which she declined.
She later told her father about the sexual activity.
Although the girl was of age to consent, because Mr. F was in a position of authority and trust over her, she could not legally consent. He was 28 years older than the girl, had always been a part of their family activities, and she went to him for advice on her life. Mr. F was convicted of sexual assault.
Also see: 2016 ONSC 2510 (Evidence).
Criminal Offence(s): Sexual Assault