[2005] OJ No 3928 (ONSC)

In [2005] OJ No 3928, Mr. S, a 27-year-old man, was found guilty of two counts of sexual assault. He had previously pleaded guilty to three counts of assault. A charge of uttering threats was dismissed.

Ms. M, a 28-year-old woman, had lived with Mr. S. When she broke up with Mr. S, Mr. S be-came obsessed with their previous relationship. He emailed her daily and would come by her home uninvited. Mr. S would send images of her naked or having sex with him, she had not consented to the photos and only became aware of them when Mr. S sent them to her. Mr. S claimed she knew about the videos. Mr. S had expertise in computers and knew Mr. M’s email and password. Ms. M was very upset about the photos and asked Mr. S to delete them. He threatened to send them to her friends. He also threatened suicide.

They later met in person and got in a dispute and Mr. S pushed her. The next day they were chatting on the internet and Mr. S told Ms. M if she came over and had sex with him he would delete the images. She refused and he threatened to email the images to her friends. Ms. M did not want to have sex with him but wanted the images deleted, so she went to his apartment to try and convince him to delete the images. He insisted that she have sex with him in order for him to delete the images. She had sex with him and he showed her the images on his computer and she deleted them.

The next day he emailed more pictures to her and said she had to have sex with him again. He threatened to email the photos to her friends and threatened suicide. He sent her emails daily with the images.

She went to his apartment a second time and learned he had hidden microphones and tape recorders in his bedroom and living room. She said she didn’t want to have sex with him and asked him to delete the images. He threatened her again. She submitted again.

Mr. S showed up at a medical appointment Ms. M was at. They later argued and he punched her in the stomach and put her in a head lock. He followed her to her sister’s home and he pushed Ms. M against the wall and tried to squeeze her neck.

At trial he was not found guilty of sexual assault and was sentenced to a conditional discharge and two years’ probation. The Crown appealed and the Court of Appeal found him guilty of the sexual assault, as his behaviour was extortion and she had not voluntarily agreed to have sex with him. The Supreme Court of Canada agreed with the decision by the Court of Appeal, which set aside the acquittals for sexual assault.

Mr. S was sentenced to 15 months served in the community and one year probation. Additional orders included 100 hours of community service, a no contract order, A DNA order, and registration as a sex offender.

Also see: [2005] OJ No 3928 (ONSC); [2005] SCJ No 36, 2005 SCC 36 (Appeal); [2004] OJ No 3440 (ONCA) (Appeal); [2004] SCCA No 435 (Applications for Leave to Appeal); [2003] OJ No 2187, [2003] OTC 488 (ONSC) (trial).


Criminal Offence(s): Sexual Assault