SELECTED CASE LAW
ONTARIO:
In 2017 ONSC 2625, Mr. T was found guilty of sexual exploitation due to the sexual relationship he fostered with his step-daughter, Ms. Z, who was 16 years old when it began. Ms. Z was infatuated with him and wanted to marry Mr. T.
Mr. T dated Ms. Z’s mother for four years and did not assume a parental role over her. Ms. Z was at one point in a group home for girls, she had a strained relationship with mother and no relationship with her biological father. When Mr. T began driving Ms. Z to and from counseling their relationship started. He made sexual comments towards her, touched her hands and legs, and would provide her cigarettes and marijuana. The mother broke up with Mr. T and called the police when she witnessed him kissing her daughter’s neck.
Mr. T and Ms. Z continued to meet up secretly and have sexual intercourse at Mr. T’s new home. He used a phone to communicate with her. They spoke about her moving in at 18 and them getting married. The mother found out and again reported him to the police.
He was found in a position of trust even though he did not parent her. This is due to their age difference, the nature of their relationship, and her vulnerable situation. The relationship was “such that it create[d] an opportunity for all of the persuasive and influencing factors which adults hold over children and young persons to come into play, and the child or young person [was] particularly vulnerable to the sway of these factors”.[1]
[1] 2017 ONSC 2625 at para 43.
Criminal Offence(s): Sexual Exploitation