SELECTED CASE LAW
In 2017 ONSC 4202, Mr. H, a 27-year-old man, was convicted of sexual assault, sexual touching and invitation to sexual touching, but the sexual assault and invitation to sexual touching convictions were stayed because the convictions related to the same incident.
Mr. H met a 13-year-old girl, Ms. M, at a subway station and the two began a romantic relationship. They exchanged cellphone numbers and texted/called each other to chat, have sexual conversations, and to arrange to meet. There was conflicting evidence about whether Ms. M told Mr. H she was 13 or 18 years old, however, Mr. H took no other reasonable steps to ascertain her age despite her young appearance.
The girl’s mother found out about the relationship when she saw some texts and called Mr. H to tell him her daughter was 14 years old (she was about to turn 14), and the texts were inappropriate. Mr. H had sex with Ms. M after finding out this information.
He was not accountable for his actions and blamed Ms. M.
Mr. H was sentenced to 15 months’ imprisonment and 2 years’ probation. Additional orders included a DNA order, a no contact order, a 20-year sex offender registration, a 10-year fire-arms prohibition, and limitations on being in contact with children. The court agreed with previous trial decisions that found the mandatory minimum sentences unconstitutional.
Also see: 2017 ONSC 2584 (Trial).
Criminal Offence(s): Sexual Assault