SELECTED CASE LAW
In 2016 SKCA 80, Mr. C, a 34-year-old man, appealed his convictions of sexual assault and sexual touching and sentence. At trial, he was sentenced to three-and-a-half years’ imprisonment. Additional orders included a DNA order, a firearm prohibition, and registration as a sex offender.
Mr. C had sex with Ms. H when she was 15 years old right after she had told him she was 17 years old. The trial judge found that Mr. C had not taken all reasonable steps to ascertain her actual age, as was required if he was going to claim he had a reasonable belief she was old enough to consent to the sexual activities. He also sent sexually explicit messages to Ms. H after he knew her actual age to invite more sexual contact. He used Facebook and text to communicate with Ms. H.
Mr. C also applied to submit fresh evidence of another Facebook account that allegedly showed Ms. H stating her age was 18 years old, but the application was rejected.
The appeal judge found that the trial judge was correct in deciding that Mr. C had not taken all reasonable steps to find out Ms. H’s actual age and that he knew her age when he sent her the sexually explicit messages. Mr. C’s appeal was dismissed. His sentence was reduced to 27 months’ imprisonment.
Also see: 2016 SKCA 10 (Appeal); 2015 SKCA 41 (Appeal); 2015 SKCA 18 (Appeal).
Criminal Offence(s): Sexual Assault