SELECTED CASE LAW
ONTARIO:
In 2016 OSNC 3341, Mr. W is being re-tried for the sexual assault and sexual exploitation of his 15-year-old step-daughter, Ms. J, after a hung jury. Between 2000 and 2006, Mr. W used the stigma and lack of education around HIV/AIDS to threaten, misinform, and guilt Ms. J into engaging in sexual acts with him. She came to him as a child to a parent when she had her first sexual encounter with another teenager, after which he told her she probably had HIV and that if she didn’t engage in sexual intercourse with him that he would tell her mother about the boy. After engaging in intercourse, he told Ms. J that she had given him HIV and so she had an obligation to keep engaging in sexual acts with him. This continued regularly for years. Mr. W falsely submitted an HIV test for Ms. J and told her the only way to get the medication was to continue their relationship and move in with him. He also offered to pay her mortgage arrears in exchange for her having sex with his friend and videotaping it. This continued until she was 21 years old.
On whether it was relevant that Mr. W took Ms. J’s virginity, the judge stated: “It is entirely irrelevant to the guilt or innocence of W.L. whether J.L. was a virgin at the time of the alleged sexual assault. Just as the accused cannot raise a complainant’s previous sexual activity to undermine her credibility or sympathy, the Crown should not reference the complainant’s “previously chaste character” in order to enhance her credibility or sympathy.”[1]
See also: 2016 ONSC 5141 (evidentiary trial).
[1] 2016 ONSC 3341 para 71
Criminal Offence(s): Sexual Exploitation