SELECTED CASE LAW
BRITISH COLUMBIA:
In 2011 BCSC 133, Mr. R was charged with sexual assault and sexual interference of an underage girl.
Mr. R sexually assaulted a 14-year-old girl, Ms. K, while both were under the influence of crystal meth and cocaine. Mr. R had met Ms. K on Nexopia where she claimed to be 16 years old. After she reported the assault, she was taken by police to the hospital where she was not examined for sexual assault because she was on drugs.
At trial, the Court stated, “I did not get the sense that [the victim] was attempting to mislead the Court. It was her extensive drug use on the night in question that I find seriously undermined the reliability of her testimony relating to the issue of consent.”[1]
Nevertheless, Mr. R was ultimately found guilty of sexual interference because he failed to take reasonable steps to ascertain the victim’s age.
[1] 2011 BCSC 133 at 35.
Criminal Offence(s): Sexual Assault, Sexual Interference