SELECTED CASE LAW

BRITISH COLUMBIA:

2009 BCPC 401

In 2009 BCPC 401, Mr. B pleaded guilty to sexual interference, obstruction of justice, and sexual assault against a 14-year-old girl.

This case involved the social networking site Nexopia. The victim had a profile on Nexopia, and listed her age as 16. Mr. B was friends with the victim and had previously dated her sister’s friend. The victim had recently lost both of her parents and lived in foster care.

In their communication, Mr. B was persistent in his efforts to get the girl to have sex with him. He sexually assaulted her and later tried to convince her to drop the charges. He also sexually assaulted another 17-year-old girl while she was passed out. Mr. B claimed that he thought his 14-year-old victim was 16.

Mr. B was sentenced to 12 months in jail for sexual touching and 36 months in jail for sexual assault, along with prohibitions on possession of firearms and attending places where persons under 16 are present, an order to provide a DNA sample, and an order to comply with the Sexual Offender Information Registry Act.

Criminal Offence(s): Invitation to Sexual Touching, Sexual Assault