2012 ONCA 419

In 2012 ONCA 419, Mr. F, a 60-year-old contractor, appealed his conviction of two counts of break and enter, one count of sexual assault, one count of harassing phone calls and one count of criminal harassment.

Mr. F was a contractor working on Ms. V’s home. Mr. F was married but began having an affair with Ms. V. When Ms. V ended the relationship, Mr. F did not accept that it was over. He made excessive, unwanted, and disturbing calls to her business and home. He would yell at her in public, slam her car door, and drive next to her car and yell at her. He broke into her home while she was asleep and sexually assaulted her on three occasions and sexually assaulted her in a forested area.  He did not accept responsibility for his actions.

In Ms. V’s victim impact statement, she stated:

He turned my home into a place where I felt victimized and humiliated and upset every time the phone rang or I heard the door open since I knew it was likely going to lead to another very unpleasant and unhappy exchange. I had no privacy or sense of security and often felt forced to spend extended periods away from my house whenever possible around my work schedule just to be able to briefly escape the persecution I felt at home.

She worried about how the calls impacted her staff and clientele. The phone calls began early in the morning. His behaviour persisted after she contacted a lawyer and the police. She told him the relationship was over, she didn’t want to see him again and didn’t want to speak to him ever again. He would persist in calling her in an attempt to control, manipulate, intimidate and scare her.

He was sentenced to 48 months’ imprisonment, registered on the sex offender registry, prohibited from possessing firearms for life, and required to give a DNA sample. He appealed the conviction on the grounds of an unfair trial but his appeal was dismissed.

Also see: [2008] OJ No 2234 (ONSC) (Sentencing).

Criminal Offence(s): Criminal Harassment, Sexual Assault