SELECTED CASE LAW

ONTARIO:

[2017] 140 WCB (2d) 438 (ONCJ)

In [2017] 140 WCB (2d) 438 (ONCJ), Mr. B, a 26-year-old man, was convicted of sexual assault, sexually touching a person under the age of 16 and invitation to sexual touching. The sexual assault conviction was stayed conditionally.

Mr. B engaged in sexual conduct with a close family friend, Ms. R, who was a 15-year-old girl. He was aware of Ms. R’s age. He sent nearly daily sexually explicit text messages to the girl, with increasing intensity after they first kissed, and told the girl he loved her and that they were in a relationship, despite having another girlfriend who he was later engaged to. He used texts to facilitate their sexual contact and the court noted the use of text and verbal grooming in his abusive actions.

Mr. B submitted multiple letters of support from his counsellor, religious leader, religious col-leagues, and employer. Ms. R reported that Mr. B manipulated her into thinking they were in a relationship, and that the impact of the crime influenced her personal, educational, and mental well-being.

He was sentenced to 12 months’ incarceration and 12 months’ probation. Orders including a 10-year weapons bans, a DNA order, and a lifetime registration as a sex offender.

Also see: [2017] 141 WCB (2d) 102 (ONCJ) (Trial).

 

Criminal Offence(s): Sexual Assault