2011 QCCA 2011

In 2008 QCCA 378, Mr. R appealed his conviction of sexual aggression, sexual interference, invitation to sexual touching and sexual assault against his three stepdaughters.

Mr. R lived with Ms. X, Ms. Y, and Ms. Z, all between the ages of 5 and 12. Mr. R would sexually touch, digitally penetrate, and perform oral sex on Ms. X. They would watch pornographic videos together in the living room where she would undress and either masturbate him or per-form oral sex on him. The sexual abuse also occurred in her or his bedroom. Ms. Y similarly de-scribes Mr. R sexually touching her and making her watch pornographic films with him. He would also masturbate in front of her during their car rides together, in the living room when their mother was away, or in his second residence in another city. Ms. Y witnessed Ms. X masturbating Mr. R on one occasion. Ms. Z was touched sexually on three occasions by Mr. R and frequently walked in on him masturbating to pornographic films in the living room.

The appeal was allowed and a new trial ordered due to an error by the trial judge in assessing the credibility. The appeal was ultimately denied, however, and the court found that contradictions between child testimony of abuse is normal, especially like in this case where the acts occurred 20 years prior to their testimony.

Also see: 2009 QCCA 902 (leave to appeal conviction and application for release pending ap-peal), 2011 QCCA 2011 (appeal).


Criminal Offence(s): Sexual Assault