SELECTED CASE LAW
In 2017 QCCA 499, Mr. C was convicted of sexual assault, sexual interference, voyeurism and invitation to sexual touching.
The victim, a 15-year-old girl, was part of Mr. C’s Scouts group. Mr. C was very affectionate towards the girl while she was in Scouts and would tell her about his sex life and ask her about her sexual practices. On one occasion, she stayed over at Mr. C’s home because there was a Scout event she wished to attend. She alleged that prior to his spouse and children arriving at the home, Mr. C leant her a bikini to go swimming in his pool then made sexual comments towards her and asked her to touch herself for him. On the same occasion, Mr. C showed her pornography on his computer for 30-45 minutes. The images he showed her included images of his partner engaged in BDSM, nude photos of a neighbour, and photos of a sexual nature of one of her friends, who was 16 years old at the time.
The accused appealed the judgement. The appeal was allowed in part. Based on the rule against multiple convictions as set out in R v Kienapple, the sentence was reduced to a conditional discharge for the sexual aggression and voyeurism charges.
Also see: 2015 QCCA 439 (Request for release); 2014 QCCA 2284 (Appeal); 2014 QCCQ 13251 (Sentencing).