SELECTED CASE LAW
In 2014 SKPC 156, Mr. T, a 19.5-year old man from New Zealand was convicted of sexually assaulting a 13.5-year-old girl, Ms. AB.
Mr. T had met the girl two years prior to the assault, when the two were playing the online game Minecraft. Mr. T, who was 17 years old at the time the two met online, claimed he believed that Ms. AB was 16 years old. After being told that Ms. AB was 12 years old, he discontinued their online relationship, but restarted the relationship some time later, despite knowing that Ms. AB was only 13 or 14. Shortly thereafter, Mr. T came to Banff and claimed to have been bullied into sending nude photos of Ms. AB to people at his workplace. Prior to moving back to New Zealand, Ms. AB’s mother asked Mr. T to stay in her home to look after her younger sons. During this time, Mr. T began to have a sexual relationship with Ms. AB, which was known to her mother. A later Social Services investigation at Ms. AB’s home revealed this situation and led to sexual assault charges against Mr. T.
The Crown put forth that Mr. T was in a quasi-position of trust, while the defence claimed his trust only applied to the younger brothers. Ms. AB indicated that she was “never coerced, and does not see herself as a victim.” The Court found that Mr. T proceeded with sexual activity, knowing that Ms. AB was under age, and therefore committed sexual assault.
Mr. T was sentenced to18 months’ imprisonment, along with several ancillary orders including a prohibition on possession of firearms and an order to provide a DNA sample.
Criminal Offence(s): Sexual Assault