SELECTED CASE LAW

QUEBEC:

2017 QCCA 550

In 2017 QCCA 549, Mr. B appealed his conviction of sexual assault.
Mr. B had created a fake profile on the dating website Lavalife where he communicated with Ms. G, whose profile advertised her sexual services in exchange for payment.

Mr. B agreed to pay Ms. G $1,500 for sexual services and they met in Quebec City. At the hotel room during their sexual encounter she consented to being tied up and blindfolded. However, once she was restrained, he anally penetrated her while she protested.

Afterwards, they went for a walk together and he offered to drive by her house so she can check on her children. When she emerges from her home to rejoin him, he has disappeared with her personal things and without paying her.

A second complainant came forward at the sentencing hearing. She had a very similar experience with Mr. B except that the anal sex was consensual. Similarly, he offered to drive by her home so she could get a nice dress to wear out to dinner with him, and when she emerged, he had left without paying. He had a criminal history of sexually assaulting minors, domestic violence, and theft, dating back to 1984.

The appeal of his conviction was dismissed. Mr. B also appealed his sentence of 44 months which was allowed and adjusted to credit him for time already served.

Also see: 2015 QCCA 1959 (application to delay), 2016 QCCS 1104 (sentencing), 2016 QCCA 913 (leave to appeal conviction and sentence), 2017 QCCA 550 (appeal of sentence).

 

Criminal Offence(s): Sexual Assault