2016 ONCJ 605

In 2016 ONCJ 605, Mr. R pleaded guilty to one charge of exposing his genital organs to a person under the age of 16 years. He was charged with exposing his genitals, invitation to sexual touching, and sexual exploitation, although the Crown intended to drop the latter two charges in exchange for a guilty plea.

Starting in 2005, when Mr. R exposed his erect penis to his 10 or 11-year-old step-daughter, Ms. L, in their living room, until 2011, Mr. R engaged in a pattern of predatory sexually activity towards her. Ms. L and Mr. R both contend that there was never any sexual touching or intercourse. However, the police found 812 text messages between the two parties which are sexually explicit, reciprocal, and describe sexual activity between them. The trial judge found that the text messages a significant aggravating factor in sentencing.

Mr. R has five biological children, the three youngest being with Ms. L’s mother. He has a previous conviction for sexual assault on his 15-year-old niece in 1995.

Mr. R was sentenced to 3 years’ probation.


Criminal Offence(s): Sexual Exploitation