2016 BCCA 86

In 2016 BCCA 86, Mr. R appealed his sentence for convictions of sexual interference, sexual exploitation, sexual assault, uttering threats, and making child pornography.

He was acquitted on one count of inviting sexual contact and one firearms offence. A conviction of possessing child pornography and an additional conviction of sexual assault were stayed under the Kienapple principle.

Mr. R had sexually interfered with and sexually exploited his step-daughter, Ms. M, from the age of 10 to 16, and had sexually interfered with and sexually assaulted her friend, Ms. D, when she was 16 years old. He uttered threats against Ms. M’s biological mother.

Ms. M considered Mr. R to be a parent since he had lived with her and assumed that role since she was two years old. Mr. R and her mother also had a son together. Although Mr. R moved out when the relationship with the mother ended, Ms. M continued to see Mr. R regularly.

When she began visiting him at 10 years old, Mr. R had her perform oral sex on him. They started having sexual intercourse, vaginal and anal, when she was 13 years old. On Mr. R’s computer, police found 34 photos of Ms. M naked at 14 and 15 years old and one video of Ms. M and Mr. R having sexual intercourse when she was 16 years old. The sexual touching of Ms. D occurred when Ms. M had her over for a sleepover at Mr. R’s home.

Mr. R argued that the sexual activity was consensual, which the judge rejected stating Mr. R “no longer wish[ing] to parent MH did not entitle him to have sex with her” but that, on the facts, he had maintained his parenting status after the breakup and Ms. M was only sent to him under that premise. There was no air of reality to a defence of honest and mistaken belief in this case, and even if there were, that is not a valid defence against sexual exploitation.

Mr. R was sentenced to seven years, two months, and seven days’ incarceration.

Also see: [2016] SCCA No 174 (Application to appeal), 2016 BCCA 86 (Appeal), [2014] SCCA No 485, 2014 BCCA 349 (Appeal), 2013 BCCA 176 (Application for appointment of counsel), 2011 BCSC 1152 (Trial), 2011 BCSC 1158 (Voir Dire).

Criminal Offence(s): Sexual Exploitation, Sexual Assault, Child Pornography Offences, Invitation to Sexual Touching, Sexual Interference