SELECTED CASE LAW
In 2019 SKCA 41, three men were convicted of various counts of sexual assault, assault with a weapon, assault and unlawful confinement. The Crown appealed their sentences and Mr. CB appealed his convictions.
The complainant was dating Mr. CB. Mr. CB and the woman had communicated on Facebook and via text to arrange for her to work as an escort in another city. Mr. CB picked her up at the airport and brought her to a hotel room where three other men and a woman were waiting so she could perform sexual acts. The complainant did not agree to all of the sexual activity, cried during some actions, was forced to do sexual acts she didn’t want to do, including being anally penetrated by a glass bottle, and was physically harmed by them. The men discussed killing the women. They were kicked out of a hotel and moved to a second one where the two women created Backpage ads online to sell sexual services. After several men replied to the ad and paid her for sex, she wanted to leave and called the police who arrested the three men.
At trial the men were acquitted of trafficking the women and procurement but Mr. CB was convicted of sexual assault with a weapon, unlawful confinement and assault; Mr. R of sexual assault, assault and unlawful confinement; and Mr. K with sexual assault with a weapon, sexual assault, and unlawful confinement.
Mr. K was sentenced to 60 months in jail. Mr. R was sentenced to four years in jail. Mr. CB was sentenced to 60 months in jail.
Mr. CB appealed his conviction, arguing the judge should have questioned the woman’s credibility more and given more reasons for why the judge found him guilty. The Crown argued that the sentence should have been longer for all three men.
All appeals were dismissed, however, Mr. K’s time to register as a sex offender was extended to a lifetime registration.
Criminal Offence(s): Sexual Assault