SELECTED CASE LAW
In 2013 SKCA 101, the Crown appealed Mr. W’s sentence, arguing it was too low. Mr. W, a 19-year-old man, pleaded guilty to sexual assault and was sentenced to six months in jail at trial and six months’ probation. The sentencing judge did not order that Mr. W be registered as a sex offender.
Mr. W began speaking with a 14-year-old girl on an online chat room. The girl told him she was a virgin and Mr. W told her that “older guys can show u new things”. The girl was hesitant but they later agreed to meet in person that night. Mr. W picked her up in his car and they had sexual intercourse. She told Mr. W to stop and he did. The girl later told her mother about the incident. The incident worsened the girl’s depression and she later engaged in self-mutilation.
Because of the age difference between Mr. W and the girl, she could not legally consent to have sex with Mr. W and the assault was a major sexual assault.
The trial judge made a mistake by not categorizing the sexual assault as a major sexual assault and focusing too much on Mr. W’s young age and potential.
The sentence was increased to 14 months and Mr. W was required to register as a sex offend-er for 20 years.
Also see: 2013 SKCA 127 (Appeal).
Criminal Offence(s): Sexual Assault