SELECTED CASE LAW
QUEBEC:
In 2017 QCCA 2077, Mr. R, a 22-year-old man, appealed his conviction of sexual assault, sexual interference, and child luring.
Mr. R started a conversation over Facebook with Ms. X, a 14-year-old girl. Over time their conversations become sexual. Mr. R was aware of Ms. X’s age by this point. After a few months, she agreed to come to his apartment. When she arrived, he immediately tried to kiss her, and she pushed him away. They played video games instead, but at some point he began to touch her breasts and she asked him to stop. He persisted throughout the evening, taking her in his arms and holding her buttocks, which she unsuccessfully tried to end. He carried her to his bed, kissed her, took off her shirt and bra, and began to touch her vaginal area. Even though she told him she didn’t want to have sex because she was on her period, he continued and removed her pants. He put on a condom and tried to anally penetrate her, and eventually vaginally penetrated her as she was resisting.
Afterwards, he asked her to leave.
His appeal was dismissed as the online communication they had after the incident supported her testimony.
Also see: 2017 QCCA 1512 (application for release pending appeal); 2017 QCCA 1027 (application for release pending appeal; delay of proceedings); 2017 QCCA 62 (leave to appeal).
Criminal Offence(s): Sexual Assault