SELECTED CASE LAW
ONTARIO:
In 2018 ONSC 6951, Mr. M, a 61-year-old man, was convicted of sexual assault, unlawful confinement, and voyeurism. He also pleaded guilty to breaches of his recognizance for communicating with the complainant and being near her.
Mr. M had sexually assaulted Ms. B, his 52-year-old live-in girlfriend. He tied her up and took photos of her in various sexual positions. He wrote his initials on her body with a marker. Mr. M claimed they were engaged in a sex game. Ms. B said the sex and photos were not consensual. She ran to a neighbour’s house and reported the assault to the police after it was over.
The court found that Ms. B was aware that the photos were being taken but because she was tied up she could not remove herself from the situation and had no option to get away from the photos. The court stated:
She could not turn away, she could not leave. She had no way of protecting her privacy or dignity in preventing the images of her from being taken by the accused. This is tantamount to the images being taken secretively or in a clandestine manner. If the images are taken in a clandestine manner the person being recorded does not have an opportunity to flee, leave or take steps to protect themselves. [1]
The assault was very traumatic for the woman, who said in her victim impact statement that she stated that she is “in a constant state of fear and anxiety” with “the anxiety and night-mares continue today although slightly diminished. My whole personality has changed. I used to be outgoing and confident, now I am fearful and introverted”. She has experienced “PTSD, anxiety disorder, depression and nightmares” and has trouble trusting people. She also stated:
I used to be a highly confident, outgoing, self-employed person with many social con-tacts and healthy relationship. I now suffer from anxiety, fear, nightmares, depression, self-doubt and hopelessness. I used to be financially independent with a high credit rat-ing and a thriving business. Now I am financially destitute with no credit, no job and still unable to work. I owe members of my family for financial help they have given me these past 2 years. I have lost all trust for others and will never be in a relationship again so I am destined to be alone for the rest of my life.
During his sentencing the court stated:
[Mr. M] reduced the complainant to less than human status. He confined her and made her an object of his dominance. He branded her with his initials as if she was a chattel who he owned and possessed. He took pictures of her in a compromised position over which she had no control. A sentence must be proportionate to the gravity of the of-fence and the degree of responsibility of the offender.[2]
He was sentenced to four years and 20 days in jail. Additional orders included a DNA order, lifetime registration as a sex offender, a lifetime firearms ban, and a no contact order.
Also see: 2018 ONSC 4781; 2018 2018 CarswellRP 275210 (ONCJ).
Criminal Offence(s): Sexual Assault
[1] At para 81
[2] At para 14