SELECTED CASE LAW
In 2017 MBQB 197, Mr. M, a 34-year-old man, was charged with sexual assault, sexual interference, invitation to sexual touching, exposing his genital organs to a person under the age of 16, and making sexual material available to a person under the age of 14 for the purpose of facilitating an offence.
While he was babysitting two girls, Ms. A who was 6 years old and Ms. O who was 4 years old, Mr. M showed Ms. A online videos of adults and teens engaging in sexual acts. Ms. A said that they should not be watching the videos, but Mr. M assured her it was alright, but told her not to tell anyone. Later while all three were in the kitchen, Ms. O pulled Mr. M’s penis from his pants and began masturbating him. At trial Ms. O described touching Mr. M’s penis on multiple occasions. Mr. M denied this and claimed that Ms. A had looked up an online home birth videos and that Ms. O had seen his penis while he was peeing in the bathroom.
The sexual assault charge against Mr. M was stayed, and Mr. M was found guilty of the other offences. He was sentenced to 44 months of incarceration, and additional orders including a 10-year weapons probation, a DNA order, a lifetime registration as a sexual offender, no contact with the complainants of their parents while in custody, and a 10-year limitation from being near people under the age of 16.
Although the victim did not file a victim impact statement, her mother filed a statement on behalf of the family. This statement indicated that the victim stopped eating, grooming, and sleeping as a result of the offences.
Also see: 2017 MBQB 129 (Trial decision).