SELECTED CASE LAW
In 2018 BCCA 30, Mr. R appealed his conviction of sexual interference, sexual touching, and sexual exploitation, for which he had been sentenced to 9 years’ incarceration. He had also been convicted of sexual assault but it was conditionally stayed due to the Kienapple principle.
Mr. R committed sexual offences against his biological daughter, Ms. A, over the span of 12 years, starting when she was 4 years old. He used emotional manipulation to isolate her from the rest of the family and would find “special time” to commit the sexual assaults when they were alone together. Although she told family members of the sexual assaults when she was 6 years old, charges were never laid, and the father returned home after 2 weeks. As a teenager, he forced her to watch violent pornography to deter her from seeking sexual relations with boys her own age. When Ms. A’s mother divorced the father over his behavior with Ms. A, Ms. A chose to live with Mr. R because she believed her other family did not want her.
The final incident occurred when she attempted to go to her boyfriend’s birthday party and asked for a ride, at which point her father tried to violently rape her. She moved out of her father’s house that day at 16 years old. However, she reported him to the police 9 years after.
Mr. R argued that the trial judge made a mistake finding Ms. A to be credible. The appeal was dismissed.
Also see: 2016 BCSC 2151 (Sentencing).