OFFENCE ELEMENTS - SEXUAL EXPLOITATION OF A PERSON WITH A DISABILITY
153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding five years;
or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
SELECTED CASE LAW
TABLE OF CONTENTS:
ALBERTA:
2008 ABQB 767
MANITOBA:
2018 MBQB 65
ONTARIO:
2018 ONSC 2922
2018 ONSC 3405
2005 CarswellOnt 10565 (ONCJ)