2019 ONCA 22

In 2019 ONCA 22, Mr. S appealed his convictions of child luring, sexual assault, sexual interference, and invitation to sexual touching involving Ms. S, a 15-year-old girl.

Mr. S met both Ms. M and Ms. C on an adult chat site called MocoSpace and later engaged in sexual activity with them. Both girls listed their ages as 18 on their online profiles, but were actually 14 years old and 15 years old, respectively. Mr. S was 38 years old. He stated that he thought they were between 16 and 18 years old when he saw them in person, but made no effort to determine their actual ages.

During the first trial, Mr. S pleaded guilty to possessing child pornography and was convicted of sexual offences related to a girl, Ms. M, in which he was sentenced to 4.5 years’ incarceration and was acquitted of the offences related to Ms. C. Mr. S appealed his convictions against Ms. M, which were dismissed.

The Crown appealed the acquittal of the offences related to Ms. C, which resulted in a new trial, where he was convicted of the offences involving Ms. C. He had communicated with the girls to prepare them for sexual activity.

Criminal Offence(s): Sexual Assault