SELECTED CASE LAW

ONTARIO:

2016 ONCJ 264

In 2016 ONCJ 264, a gymnastics coach, Mr. J, was convicted of the sexual exploitation and sexual assault of a gymnastics student, Ms. M, when she was 16 years old.

Mr. J was Ms. M’s team coach when she was 14 years old. When she was 15 years old, he contacted her via text and social media and they developed a sexual relationship. He waited until she was 16 years old to have a physical relationship with her, which included fellatio and sexual intercourse. They kept the relationship secret. Ms. M ended the relationship after a sexual encounter in which she felt forced to participate and upon which he insisted even after she refused.

Although Mr. J was not Ms. M’s coach at the time, he had input on her training, knew she was having family issues, and was employed to ensure her safety and instruction.

The sexual assault charge was conditionally stayed on the Kienapple principle.

Also see: 2016 ONCJ 549 (Sentencing).

Criminal Offence(s): Sexual Exploitation, Sexual Assault