SELECTED CASE LAW
In 2019 ONCA 139, Mr. W, a 19-year-old man, was found guilty sexual assault, sexual interference, invitation to sexual touching and uttering threats in regards to his 7-year-old nephew, Mr. T.
Mr. W lived with his parents, Mr. T’s fraternal grandparents. Mr. T’s mother allowed her son to visit there, but asked that Mr. W not be alone with her child. After Mr. T and his mother moved to another town, Mr. T was occasionally reluctant to visit his grandparents’ house. He later dis-closed his uncle’s sexual abuse to his mother. In police interviews, Mr. T disclosed that Mr. W had threatened to kill him if he told on Mr. W for sexually abusing him. Mr. W had shown Mr. T images of bestiality to show him what sex was. Mr. W also used video games to bribe Mr. T into coming into his room where he would sexually penetrate Mr. T. He also purchased a DS video game player for the boy.
The abuse occurred over a one-and-a-half-year period.
He was sentenced to 9 years’ imprisonment. His convictions of invitation to sexual touching, sexual interference and uttering threats may have been stayed at a separate hearing.
He appealed his conviction and sentence for sexual assault.
The Appeal court held that the trial judge did not make an error in not believing Mr. W, believing the complainant, and sentencing Mr. W. However, the victim surcharge was removed, otherwise the sentence remained the same.
Also see: 2017 ONCJ 544 (Trial).
Criminal Offence(s): Sexual Assault