SELECTED CASE LAW
In 2015 QCCQ 11692, Mr. H was accused of sexual assault, sexual interference, and invitation to sexual touching.
Mr. H was staying at his ex-girlfriend Ms. T’s house whenever he was released from prison for two days a week under his conditional sentence. Ms. T’s daughter, Ms. J, who was 13-15 years old during the incidents, also moved back into the house. Mr. H and Ms. J both slept on separate couches in the living room.
One day, Ms. J witnessed Mr. H masturbating in the living room and taking a photo of his penis with his cellphone, which she saw on his cellphone later when borrowing it. He also pretended to get her a pen from his backpack and instead showed her a vibrator. Later that evening, when Ms. J was asleep, Ms. T thought she saw Mr. H masturbating beside her. She sent him a text message to not touch her daughter and then went to sleep. However, Mr. H moved to Ms. J’s couch and began to sexually touch her, above and under her clothes. He digitally penetrated her, kissed and licked her body, all while he masturbated. He stopped when she woke up.
The second incident occurred similarly, where Mr. T removed the girl’s shorts while she was sleeping, covered himself in baby oil, and penetrated her vaginally. She struggled to get up but couldn’t because he was lying on top of her, whispering in her ear. Afraid he would hurt her, she gave in and covered her face until it was over. Eventually she managed to flip over, and he left for the washroom. In the morning, she woke up and he was beside her, touching her body.
He was found guilty on all charges. His appeal of the convictions was dismissed as the trial judge was found to have analyzed the different testimonies fairly.
Also see: 2015 QCCA 1940 (leave to appeal), 2018 QCCA 2230 (appeal of conviction).
Criminal Offence(s): Sexual Assault