SELECTED CASE LAW
ONTARIO:
In 2019 ONCA 135, Mr. G was found guilty of multiple counts of sexual interference, but was acquitted of sexual assault, invitation to sexual touching, child luring, and child pornography.
Mr. G, a 48-year-old man, was charged with sexual touching, invitation to sexual touching, sexual assault, and child luring of eight underage girls who were friends of his daughter and were between the ages of 12 and 14 at the time of the offences, as well as the possession of child pornography. He often gave the girls massages and had the girls stretch his shoulders in positions that required their bodies to be up against his. He also touched them and talked to them in inappropriate and sexual ways, including commenting on their bodies, kissing their neck, and spooning them. He sometimes texted some of the girls to invite them over to his house, but many of the girls had deleted the texts. The police found adult and child pornography on his computer. The child pornography was in unallocated space and it was not clear if Mr. G could access it.
Mr. G appealed his conviction of several counts of sexual interference and his 36 months’ sentence, arguing the trial judge violated his presumption of innocence when the trial judge found Mr. G was in a position of authority and the massages he gave the complainants were for a sexual purpose.
On appeal, his conviction and sentence were maintained, along with the lifetime registration as a sex offender. The 10-year weapons ban was removed because the trial judge did not find any violence, threats or aggression in the abuse.
Also see: 2017 ONSC 1676 (Sentencing); 2017 ONSC 1598 (Trial); 2017 ONSC 1436 (Application for stay).
Criminal Offence(s): Sexual Assault